In my last blog, I looked at the potential conflict between section 108A of the Construction Act 1996 and section 5A(2A) of the Late Payment Act 1998, and concluded that the recent case of Lulu v Mulalley hasn’t provided us with a definitive answer to the question of whether a conflict exists.
This week I’m going to consider how the Late of Payment Act 1998 can be ousted, and what might constitute a “substantial remedy”. Continue reading