Jersey Steel Co. v Holdyne Ltd. [1972] JJ 2009 (18 February 1972)

Deductions from interim payments under the standard RIBA contract are permissible only for liquidated and undisputed amounts; unliquidated or disputed counterclaims cannot be deducted.

Citation: [1972] JJ 2009
Parties: Claimant: Jersey Steel Co.; Defendant: Holdyne Ltd.
Jurisdiction: Jersey
Judgment Date: 18 February 1972
Procedural Posture: Civil / Judgment
Outcome: claim allowed
Legal Topics: Interim Payment, Deduction From Payment, Liquidated Claims, Counterclaims

Construction Law Contract Law Interim Payment Deduction From Payment Liquidated Claims Counterclaims

Case Brief

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Parties

Jersey Steel Co.

Claimant

Holdyne Ltd.

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether deductions from interim payments under a standard RIBA contract can be made for unliquidated or disputed counterclaims.

Ratio Decidendi

Deductions from interim payments under the standard RIBA contract are permissible only for liquidated and undisputed amounts; unliquidated or disputed counterclaims cannot be deducted.

Court Disposition

claim allowed

Orders

Defendant may not deduct unliquidated or disputed counterclaims from interim payment due under the interim certificate.