Melville entered into a contract for the design, construction and completion of a residential development in Glasgow. The contract form was the Scottish Building Contract with Contractor's Design Sectional Completion Edition (January 2000 Revision) issued by the SBCC. It incorporated the conditions of the JCT With Contractor's Design 1998.

Melville made an application for payment on 30 April 2003. The employer's agent issued an interim certificate on 30 April 2003 for £396,630 excluding VAT. The final date for payment pursuant to clause 30.3.6 was 16 May 2003. On 22 May, receivers were appointed in respect of Melville.

Wimpey refused to pay. A withholding notice was not served. There was an adjudication and the adjudicator awarded payment of the amount of the interim certificate.

Had the determination provisions of clause 27 superseded the interim payment procedure, such that any payment that had accrued could no longer be demanded by Melville? Further, were the contractual provisions in clause 27 compliant with Section 109, so that a Section 111 withholding notice was not required?