It really doesn't matter if Smartwin wanted to pay for the misc. trades as invoiced "over the budget". If they did great! If they didn't that's fine too.
However, they had a duty pursuant to the contract to provide for the balance of the budget which they failed to do. Moreover, to date, Smartwin failed to provide notice or show good cause in a timely manner as to why they failed to provide said budget funds.
A reasonable mind could also easily find being "overbudget" insufficient to withhold "budget funds"
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