A principal who has paid an adjudicated amount under BCIPA cannot claim restitution merely because the adjudicated amount exceeds the superintendent's assessment of progress payments under the contract. Restitution requires a final determination that the adjudicated amount exceeds the contractor's ultimate contractual entitlement to remuneration. The operation of ss 99 and 100 of BCIPA is not 'exhausted' upon payment of the adjudicated amount. Section 100(3)(b) does not confer an automatic right to restitution but requires the court to assess whether restitution is appropriate in the circumstances.
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