Set-off

Content Headings

Key Issues

Example clauses

Notes and References

Set-off

 

(a)  The Concessionaire shall not be entitled to retain or set off any amount due to the Authority by it, but the Authority may retain or set off any amount owed to it by the Concessionaire under this Contract which has fallen due and payable 1against any amount due to the Concessionaire under this Contract.

(b)   If the payment or deduction of any amount referred to in paragraph (a) above is disputed then any undisputed element of that amount shall be paid and the disputed elemen hall be dealt with in accordance with Clause [Dispute Resolution].

See SOPC Section 11.1, 11.2 and 11.3.

The example clause adapted from Office of Government Commerce, UK, Standardisation of PFI Contracts - General, index reference C1, folder 5.