The Court held that a termination notice stating the contract was terminated 'with effect from Friday 29 May 2015' meant termination occurred at the conclusion of 28 May 2015, applying the principle that 'from' a date excludes that date. However, on the facts, the parties subsequently agreed through their communications that termination would not take effect until the end of 29 May 2015, meaning a reference date arose on 29 May 2015 (the last business day of the month) supporting a valid payment claim. The Court also held that inclusion of a 'cash held' item representing security called upon by the principal did not invalidate the payment claim, as it was merely an accounting item in the final reconciliation rather than a separate claim for construction work. The question whether s 8(2)(b) of the Act provides a further reference date after contract termination was left unresolved.
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