The employer has contested the value of the latest interim certificate. What action
must he take in order that he is not in breach of the JCT SBC 05 contract?
Under clause 4.13.4 the Employer must give written notice to the Contractor specifying any amount proposed to be withheld/deducted from the amount due and the ground for such withholding, not later than 5 days before the final date for payment.
(Final Payment = 4.13.1 The final date for payment pursuant to an Interim Certificate shall be 14 days from the date of issue of that Interim Certificate).
What is the contractual status of:
a. an information-release schedule and
b. a contractor's programme
The Infomation-release schedule is an optional provision within the SBC05 that states what kind of information will be release by the Architect/Contract Administrator to the Contractor and when. The contractual implication for a later release than the stipulated day can be consider a Relevant Event in relation to an extension of time claimed by the Contractor
(see Guide to SBC Sarah Lupton and SBC/Q 2005)
