The DTI has published its proposals on changes to the Act and the Scheme following last years consultation. The major proposals concern the payment provisions. Sensibly they have taken the point that the payment procedure should start with an application for payment. It has always been an anomaly of the construction contracts that payment under some contracts is made without an application from the payee.
Other provisions include restricting pay-when certified clauses and providing for a right to payment in a certificate is not issued by the due date.