I'm currently investigating, on behalf of the Client, how the contractor's final application for payment (submitted two months ago) included works which were demonstrably not undertaken and works item valuations which were demonstrably significantly inflated and bearing no relation to the (eventually submitted) measurement basis figures.
When the significant disparities were highlighted to the contractor's QS his immediate reaction was to angrily refer to the HGCRA and demand that full payment of the application value be certified.
I went over the QS's head to his contracts manager and suggested that he consider the reprcusions, under the circumstances of the clearly, partly fabricated application. He agreed that this would not happen and that a full, joint re-measure of the works should be undertaken.
I'm now considering requesting from the contractor copies of all payment notices and payless notices issued to his sole sub-contractor during the works which were completed three months ago.
Would you agree that this is a reasonable thing to do and might the contractor have any contractual grounds for refusing the request?
When the significant disparities were highlighted to the contractor's QS his immediate reaction was to angrily refer to the HGCRA and demand that full payment of the application value be certified.
I went over the QS's head to his contracts manager and suggested that he consider the reprcusions, under the circumstances of the clearly, partly fabricated application. He agreed that this would not happen and that a full, joint re-measure of the works should be undertaken.
I'm now considering requesting from the contractor copies of all payment notices and payless notices issued to his sole sub-contractor during the works which were completed three months ago.
Would you agree that this is a reasonable thing to do and might the contractor have any contractual grounds for refusing the request?