Getting Paid on Time: Basics of the Construction Act Payment Rules
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Payment notices and statutory process

Getting Paid on Time: Basics of the Construction Act Payment Rules

By KPMC LimitedPublished Last updated

Cash flow still decides whether many projects run smoothly or slide into dispute. The payment provisions under the Construction Act remain one of the most important practical protections available to parties working under UK construction contracts.

The timetable matters

A compliant payment mechanism should identify when sums become due, when notices must be issued and when payment must finally be made. If the contract does not provide an adequate process, the statutory Scheme can step in.

That timetable is not a technical side issue. It is the framework that determines whether the right amount has been notified and whether the paying party can lawfully pay less.

Payment notices and pay less notices are critical

The payer is expected to issue a payment notice stating the amount due and the basis of calculation. If less is to be paid than the notified amount, a valid pay less notice must usually follow within the contractual timetable.

Miss those steps and the consequences can be severe. A party may find itself having to pay the notified sum first and argue about valuation later.

The regime is designed to keep money moving

That strict approach is deliberate. The legislation is intended to support cash flow and stop parties from withholding payment without proper notice and explanation.

It does not mean all underlying valuation arguments disappear, but it does mean that process failures can have immediate financial consequences.

Good diary management prevents expensive mistakes

Teams should know the due dates, notice dates and final dates for payment on every project. A missed deadline is often harder to undo than a weak valuation point.

If payment is not made on time, the unpaid party may also have rights to suspend performance after notice and to pursue a rapid adjudication if needed.

Key Takeaways

  • The Construction Act payment timetable is fundamental to protecting cash flow on construction projects.
  • Payment notices and pay less notices must be served correctly and on time.
  • A failure in the notice regime can lead to immediate liability for the notified sum, even where valuation is disputed.
  • Simple diary control and clear internal ownership of notice dates can prevent avoidable payment disputes.

Key Points

  • The Construction Act payment timetable protects subcontractors and contractors from late payment.
  • Payment notices and pay less notices must be served correctly and within the contractual timeframe.
  • A missed notice deadline can create immediate payment liability regardless of the underlying valuation.