329. Payment of interim certificate.

329.     Payment of interim certificate.

The express or implied terms of the contract will determine the time when the employer is to make payment on an interim certificate. If a construction contract1 fails to make adequate express provision as to the time for payment, the relevant provisions of the scheme for construction contracts apply2. In most cases, an unliquidated cross-claim for defective work or delay arising out of the performance of the contract will provide an employer with a defence by way of set-off to a claim by a contractor3. However, if a contract clearly