The second is what some of us call the "phantom certificate". That's the apparition headed "interim payment" somewhere between the date of practical completion and (the yet to come) final certificate. "Phantom" because the JCT type contract doesn't provide for any such interim payment certificate. Happens a lot, but its not a contractual provision. I'll explain later.
First, let's deal with the "reverse ambush" in adjudication. Look, an ambush by either party in a dispute is not on. The scam is to keep hidden all, or most, or even some, of your arguments, troops, cavalry, then pounce on the opposition at the last minute. The "full frontal ambush" in adjudication is secretly to prepare the umpteen lever-arch files, then call for the adjudicator. Flummoxed, the other side won't know foot from horseback. Adjudicators are watching for this.
The "reverse ambush" is similar stuff. This time though the defendant has kept his powder dry. He waits until the adjudication machine whirrs and only then presents his arguments in the response documents. Look – the adjudication, once under way, isn't the place to find out what is bugging the other bloke. The agenda for adjudication isn't set during the 28 days; it is actually set prior to the adjudication. The reverse ambush is unfair. The ambush arguments may well be thrown out.
The reverse ambush is unfair. Look – the adjudication, once under way, isn’t the place to find out what’s bug