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 and unequivocally purports to exclude or restrict the right
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