Payment notice for construction contracts
The Housing Grants, Construction and Regeneration Act 1996 (also known as the Construction Act) include provisions to ensure that payments are made promptly throughout the supply chain.
These provisions include:
- The right to be paid in interim, periodic or stage payments.
- The right to suspend (or part suspend) performance for non-payment and to claim costs and expenses incurred and extension of time resulting from the suspension.
- Pay when certified clauses are not allowed, and the release of retention cannot be prevented by conditions within another contract.
In addition, there are specific provisions in relation to the procedures for making payments.
- The client must issue a payment notice within five days of the date for payment, even if no amount is due. Alternatively, if the contract allows, the contractor may make an application for payment, which is treated as if it is the payment notice.
- The client 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 notified sum is payable by the final date for payment.
- If the client (or specified person) fails to issue a payment notice, the contractor may issue a default payment notice. The final date for payment is extended by the period between when the client should have issued a payment notice and when the contractor issued the default payment notice. If the client does not issue a pay less notice, they must pay the amount in the default payment notice.
 Related articles on Designing Buildings Wiki
- Contract sum.
- Default payment notice.
- Extension of time.
- Fair payment practices.
- Final certificate.
- Housing Grants Construction and Regeneration Act.
- Interim certificate.
- Interim valuation.
- Off site materials.
- Milestone payment.
- Pay less notice.
- Scheme for construction contracts.
 External references
Featured articles and news
Studio Libeskind reveal designs for a new skyscraper with a living facade in Toulouse.
A mega-dome, a cenotaph for Newton, a bubble over New York - some of the most famous projects that were never realised.
One of the oldest and finest examples of Byzantine and Islamic architecture, the Dome of the Rock.
Have a look at our article explaining thermal comfort in buildings.
BRE's ethical labour sourcing standard and how it could help tackle modern slavery in the construction industry.
BSRIA publish mechanical and electrical maintenance customer satisfaction key performance indicators.
Have a look at our article on the history, practice and techniques of placemaking.
Have a look at the key recommendations from ICE's new report on the digital transformation of infrastructure.
The Gate of Europe, the world's first inclining high-rises, with a lean of 15-degrees.
Why engineers need to keep pace with the challenges and opportunities of the digital transformation of the infrastructure sector.
Have a read of our introductory article on fabric structures; their history, properties and characteristics, and more...