Sir, Rudi Klein expresses his concern (Construction News, April 6) about Government proposals to amend payment procedures in the Construction Act.
He says that if a paying party issues a certificate with which the payee disagrees, the dispute will still have to be resolved by adjudication.
I am not so sure. From my understanding of the Government's proposals the certificate which a paying party will be able to issue will determine the amount of payment due. If that is the case and if the amount certified is less than the true value of the work, how can there be a dispute capable of adjudication, because the certificate will have determined the amount due ? albeit at too low a value? This is because the undervalued certificate has already determined the amount due in law!
I have mentioned my concern to the Department of Trade and Industry but I am not convinced it has got the message.
If it hasn't, I fear its proposal to improve the Act will in fact make payment procedures significantly worse.
Steve Rudd steve@conclaims. co. uk