Abatement In Contracts
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How to fill out Asbestos Removal And Remediation Agreement?
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FAQ
1. : the reduction or discharge of a debt by setting against it a claim in favor of the debtor. specifically : the reduction or discharge of a party's debt or claim by an assertion of another claim arising out of another transaction or cause of action against the other party.
Essentially abatement is a defence to a claim for payment by a contractor or sub-contractor. It applies in circumstances where a defendant argues that they are not liable to pay the amount claimed because there are defects in the work for which the payment is sought.
Councils must serve an abatement notice on people responsible for statutory nuisances, or on a premises owner or occupier if this is not possible. This may require whoever's responsible to stop the activity or limit it to certain times to avoid causing a nuisance and can include specific actions to reduce the problem.
Both set off and abatement are, in practise, used in construction to prevent the obligation to pay. The main difference is that abatement is usually used to reduce or 'abate' the sum due in the first place, as opposed to set off the amount to be paid by identifying that cross claim.
Abatement is the process of permanently removing known hazardous material in surface areas so that it is safe for others. Abatement also includes encapsulation, which is sealing off hazardous materials so that it is safe for everyone.