Section 35
Prohibition of conditional payment
of Construction Industry Payment and Adjudication Act 2012
ActIn forceProvision 35 of 41
Section 35
(1)
Any conditional payment provision in a construction contract in relation to payment under the construction contract is void.
(2)
For the purposes of this section, it is a conditional payment provision when—
(a)
the obligation of one party to make payment is conditional upon that party having received payment from a third party; or
(b)
the obligation of one party to make payment is conditional upon the availability of funds or drawdown of financing facilities of that party.
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