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Last edited 21 May 2021
Payment due date in the construction industry
The payer must issue a payment notice within five days of the due date for payment, even if no amount is due, setting out the sum that the payer considers to be or to have been due at the payment due date, and the basis on which that sum is calculated. Alternatively, if the contract allows, the payee may make an application for payment, which is treated as if it is the payment notice. The payer must issue a pay less notice if they intend to pay less than the amount set out in the payment notice, setting out the basis for its calculation.
The contract must also provide for a final date for payment in relation to any sum which becomes due. The parties are free to agree how long the period is to be between the date on which a sum becomes due and the final date for payment. The payer must pay the notified sum on or before the final date for payment.
Under the Scheme for Construction Contracts, if a construction contract fails to provide an adequate mechanism for determining when a payment becomes due, the payment shall become due, that is, payable on the later of 7 days after the assessment date or the making of a claim by the payee. The final date for payment is 17 days after the date that payment became due.
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