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Published 27 August 2015
Welcome to the August Edition of DAC Beachcroft's Adjudication Adviser
In the period since ISG v Seevic and Galliford Try v Estura a fair amount of Court time has been spent reviewing the payment mechanisms of various standard forms of contract. This edition of the Adjudication Adviser reports on two further payment cases and how they impact the adjudication regime.
The cases of Leeds v Waco and Caledonian v Mar City provide useful practical guidance to contractors as to when a request for payment can be deemed to be an application for payment. It is certainly the case that some in the industry are attempting to take advantage of ISG v Seevic and Galliford Try v Estura by issuing early and then hoping that a Certificate or payless notice is not issued.
The saying "you wait for ages for a bus and then two come along at once" could not be more apt.
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