Under clause 37.2 of the AS4000-1997 standard form construction contract, the Superintendent's power to issue progress certificates is enlivened whenever the contractor has not made a progress claim in accordance with Item 28, regardless of whether the contractor was required or entitled to make such a claim. A later valid progress certificate does not supersede an earlier deemed progress certificate; the two give rise to separate liabilities, with the appropriate remedy being set-off. The question whether a contractor may make a progress claim for 'other moneys due' in a month where no WUC has been performed was left open.
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