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When the client causes delay and the contract has no working way to extend the date, the fixed completion date can fall away entirely: time is at large, and you owe completion in a reasonable time instead. It kills the delay damages, it is real law, and it almost never works.
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Where quantities are approximate, the work is measured as executed and valued at the bill rates. The trap is the rate that stops being reasonable.
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A certificate that never comes does not stop the payment machinery. The dates run from the due date, silence hands you the notice under section 110B, and the sum can become payable without anyone signing a certificate.
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Money in a ring-fenced account, released to everyone on the same date. It protects the supply chain and constrains the main contractor.
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Under JCT it usually is not, and that surprises both sides. Under NEC the Accepted Programme is central to how everything is assessed.
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Take the valuation schedule, shift every receipt to the date the money actually lands, put the outgoings on the dates they actually leave, and read the lowest point. That number is how much of your own money the job needs, and it is knowable before you sign.
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Paying for materials before they reach site is possible under JCT, but only where they are listed and a set of conditions is met. Each one exists for a reason.
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On a fixed price with no fluctuations clause: you do, and no amount of unfairness changes it. What a fluctuations provision would have done, the narrow escapes worth checking before you concede, and how to price the next job in a rising market.
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An auditor is not looking for fraud. They are looking for figures that cannot be traced to a document, and every account has some.
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