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Get ready for next round in contractual paper chase

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  1. Contracts must have clear allowance for rights to recover interest for unpaid/delayed payments from the client. Any disputed sums by the client/qs team should have shorter time scales for notifications than those for notices to subcontractors or contracters could end up “piggy in the middle” trying to recover disputed monies paid out.

  2. While well away from your (UK) legislation circumstances, practitioners interested in payment and adjudication procedures for disputes of payment ‘delay’ or ‘with-holding’ may care to look at the “Security of Payment” legislation enacted here in Australia, now spread to all states, however commenced in NSW in 1999, and amended / updated 2001. Comparatively, it will make most interesting reading, addressing quite a number of the issues raised in your own pending legislation. It purports to be a procedure to ensure the flow of funds on a project proceeds smoothly and to a predetermined timeframe. The full details can be found on the web, at ‘Building and Construction Industry Security of Payment 1999’ (NSW). F Y I (Harry H/GH&A)

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