Do you have a right to payment if your payment schedule has lapsed?
I’ve been involved in adjudication since its inception, at the start both preparing adjudication Referrals and Responses and latterly acting as an Adjudicator. Below are some of my thoughts on adjudication.
The recent case involving Morganstone Ltd v Birkemp Ltd EWHC 933 (TCC) concerned the right of a party to payment if the contract supplementary payment schedule had lapsed. The court held that supplementary schedules were there to supplement and refine the overarching payment mechanism in the main contract – but did not supersede those core provisions in the absence of express wording to that effect.
IN plain English: IF your payment schedule has expired, you may still have the right to payment under the contract payment provisions.
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