The primary obligation of the employer is to pay for the work carried out by the contractor. All standard forms of contract now incorporate the provisions of the HGCRA 96 (part II) as amended. All contracts covered by the statute are required to make provision for interim payments where the contract period exceeds 42 days. An example of the incorporation of such a provision is shown by clause 4.10.1 of JCT 11. The architect/contract administrator (A/CA) has to issue interim certificates stating the amount due, what it relates to and how such an amount was calculated. Clause 4.12.1 states that the final date for payment of such a certificate shall be 14 days from date of issue. Five days before the expiry of the 14 days the employer may, by written notice, specify any deduction to be made, giving the reason and the amount (4.13.1). In addition to payment, the employer has further obligations arising out of the nature of construction contracts. In order to complete the contract, the contractor requires the cooperation of the employer. This duty itself can be divided into two aspects which are contrary, in the sense that they are both positive and negative. The positive aspect of the duty requires that where the contractor is to do a piece of work that requires the employer’s cooperation, it will be forthcoming. See Luxor (Eastbourne) Ltd v. Cooper  1 All ER 33 where such a term was implied into the contract. Furthermore, the employer will do all things necessary on its part to bring about completion of the contract.
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