88.6  Compliance

If compliance with this clause 88 (Sub-Contractors in the Construction Industry Scheme) causes the Authority or the Contractor to breach any other term of this Contract, then the provisions of this clause 88 (Sub-Contractors in the Construction Industry Scheme) shall prevail, and in particular (without limitation) any clause in this Contract or any other Project Document which:

(a)  require the payment of interest by the Authority to the Contractor (to the extent that they require such payment of interest); or

(b)  give the Contractor the right to terminate this Contract due to amounts of money due from the Authority to the Contractor being unpaid,

shall not apply to any amount properly withheld or not paid by the Authority in accordance with the provisions of clause 88.3 (Information from the Contractor) or to an error or omission by the Authority in calculating or making the Statutory Deduction where that error or omission has been rectified under clause 88.4 (Statutory Deduction).