Is late receipt of an Advance Payment a Relevant Event?

Asked 10 months ago
2020-03-29 09:10:22

Interesting issue I have come across recently is that can the late receipt of an advance payment that was to be used to pay for items on the critical path be defined as a Relevant Event under a JCT contract. On the face of it I believe it can be since the money was to be paid for materials and plant on the critical path with those items being delivered late for the same period as late receipt of the advance payment. By not paying on the date agreed, it is in my view, an impediment, prevention or default as clause 2.26.6 of the JCT D&B 2016 form of contract.

Any views?