Not following the contract in relation to payment protocols is an unnecessary cause of dispute.

Although the payment process may be similar contract to contract, there can be subtle changes, for example.

  • The timeframe for issuing notices can be increased or decreased;
  • There can be condition precedents for what constitutes a payment application;
  • There can be condition precedents for payment;
  • Monies can be withheld from payments pending issue of a document;
  • Default Notices may need to be issued to a different person / address;
  • Are retention dates based on your works or the main contract.

There can also be differences between contract revisions, if you are used to working under a JCT 2011 are the provisions the same as a JCT 2016?

As always it is vital that you read your contract to understand its requirements regarding payment. Remember calling a document a notice or application does not make it valid, read the contract, what does it need to contain to be valid.

Also, ask the question can the final date for payment be achieved. Large companies can be inflexible in making payments outside their normal regime, they may not have realised that the final date for payment does not coincide with their normal payment run.