“…oes not establish a common understanding sufficient to found a variation/waiver/estoppel: see Grove Developments Ltd v Balfour Beatty Regional Construction Ltd [2016] EWHC 168 (TCC), 165 Con LR 153 at [40] and Kersfield at [47]-[48]. Thus one instance of paying a late payment application is not generally sufficient to amount to a waiver: s…”
“…roach has been followed in England in a number of more recent cases. I note in particular that in Grove Developments v Balfour Beatty Regional Construction Ltd [2016] EWHC 168 (TCC); 165 Con LR 153, Stuart-Smith J said:…”