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CIPAA guide

The purpose of CIPAA

Court and arbitration remain available. CIPAA provides a shorter timetable for a payment dispute, and it avoids conditional payment provisions.

The timetable is fixed by the Act and is counted in working days. A payment dispute may therefore be determined while the project is continuing.

Conditional payment provisions, including clauses in the form “pay when paid” or “pay if paid”, are void. A party cannot rely on the fact that it has not itself been paid, where the Act applies.

The decision is to be complied with. Enforcement is a separate application in the High Court. Where recovery of the sum is required, that application is discussed as part of the same instruction.

These notes describe the legislation and the scope of our usual instructions. They are not advice on a particular contract. A consultation may be arranged here.

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