40
In forceProgress payments under determinations to be on account
40 Progress payments under determinations to be on account
If —
(a)
an appointed adjudicator —
(i)
determines a payment dispute concerning a claim by a contractor for payment for part performance of its obligations but not for a final payment by the principal; and
(ii)
determines that the principal is to pay the contractor an amount in respect of the claim;
and
(b)
the principal, in accordance with the determination, pays the amount,
the payment is to be taken to be an advance towards the total amount payable under the contract by the principal to the contractor.
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