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I think Employer has full right to know and stall the payment if Engineer(Consultant)has approve material advance without any justification to contract document. Even if u follow law suit u r gonna loose as ur contract doesnt specify anything regaring material advance payment.
Hi there,
1. I presume this engineer you are refering to is the contract administrator.His certification is not final and binding and the client has the right to challenge it.
2.If there no clause in the contract allowing employer to pay for the material then you most likely have no claim so do not bring it further as it is just waste of money and time.
3.Regarding the arbitration or litigation,now a days all contracts has a arbitration clause.if that is in place you only can go for arbitration,except for order 14 cases.
Regards
Dinesh