Contractual compensation depends on the wording of the agreement between the parties. Contractual rights of set-off may cover a large number of different contracts, but the wording should be clear. Fairness is achieved under the law when there is sufficient proximity and connection between the parties (for example. B the same parts, location and project). A recent statement of the Fair Compensation Act can be found in the judgment of the Court of Appeal in the case of Geldof Metaalconstructie NV v Simon Carves Ltd [2010]. Suppose, in our example below, that both contacts relate to the same project, but that no contractual right of compensation is provided for and is not excluded. In this scenario, a right of set-off may be created, although the treaties are both silent about the case. Current case law on fair compensation principles comes from Geldof Metaalconstructie NV v Simon Carves Ltd [2010] EWCA Civ 667, in which the Court of Appeal provided guidance on fair compensation rules. In practice, it is more difficult to apply equity set-off than contractual set-off, since the claims to be imputed must be of the same nature (i.e.

both contractual) and must be so closely related that it would be “manifestly unfair” [1] to impose one without taking into account the others. Reduction is a separate right and other than compensation. This is a defence that may be invoked by a defendant where the goods and services provided by the claimant do not justify the payment agreed by the defendant. Therefore, the person who instructed the work may reduce the agreed price for that work because the work was not performed properly and/or was not completed. Although this is similar to compensation, the reduction is a way to adjust the amount to be paid, it is not necessary that there be a separate counterpart. Construction contracts govern rights of set-off and withholding of payments by the Housing Grants, Construction and Regeneration Act 1996 Part II Section 111, which was amended with effect from October 2011 by the Local Democracy, Economic Development and Construction Act 2009 Part 8, Section 144. These laws govern the content and time limits for “Pay Less” notifications, which must be served if a party wishes to deduct amounts otherwise due under the contract. See also section 111(4) Housing, Construction and Renovation Act. Rights of set-off may be contractual, cheap or legal in the event of insolvency. The Court of Appeal disagreed with the decision of the Court of First Instance and provided us with a simple test when considering the application of appropriate compensation, the review provides that a cross-claim must be “so closely related to [the applicant`s] claims that it would be manifestly unfair to allow him to impose the payment without taking into account the counter-claim”.

. . .