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Interest on under certification

1 reply [Last post]
Wed, 2005-05-04 23:23
Shahzad Munawar
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Interest on delayed payment is admissible under Payment Clause in almost every Contract.

Does interest on under certification is liable under same Payment Clause?

Are there some judgments on the said case with respect to arbitration?

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Fri, 2005-05-06 07:32
#1
Andrew Flowerdew
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Shahzad,

Would depend on the wording of the contract but, assuming that the underpayment is made for a valid reason, then interest would generally not be paid or claimed.

If it was found that underpayment was being made for a reason such as client interference (ie instructing his representitive to underpay) or any other similar reason then it would probably constitute a breach of contract under which circumstances you would be entitled to claim interest along with any other available remedies depending on the circumstances.
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