This book is intended to offer practical guidance to lawyers and construction professionals who find themselves navigating the Construction Contracts (Northern Ireland) Order 1997 and the accompanying Scheme for Construction Contracts in Northern Ireland.
Taking a pragmatic rather than academic approach, the book uses practical examples to illustrate the hierarchy of statutory rights (which all contracts captured by the regulatory scope of the legislation must comply with) and the terms which may be implied into the parties’ contract where the agreed terms fail to comply with the statutory minimum requirements. A number of worked examples and calculations are offered in respect of Scheme-led payment regimes, which in practice often give rise to convoluted payment mechanisms.
The use of case law has been limited in so far as is possible to demonstrate points of statutory interpretation and guidance, including some of the most recent decisions emanating from the Technology and Construction Court on payment notices.