How-to guide

Contractor payment applications that get paid on time

Intermediate6 min read
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In short

Build the application from measured progress against the contract sum and show how the sum due was calculated. Submit it before the contractual valuation date with evidence attached, because a late application usually waits a whole month.

  • Submit before the contractual valuation or billing date, because a late application usually waits a full month.
  • Build every claim from measured progress against a schedule of values that adds up to the contract sum.
  • Include only approved variations and properly evidenced stored materials.
  • Show the calculation of the sum due so the quantity surveyor can verify it unaided.
  • Know the due date, final date for payment and pay less deadline, and diarize each.

A payment application is paid in full and on time when it is built from measured progress against the contract sum, submitted before the contractual due date, and backed by evidence the quantity surveyor can check without asking questions.

A contractor's payment application is a statement of the sum you believe is due for the period, built from the value of work completed and materials stored to date, adjusted for approved variations, retention and previous payments, with the basis of the calculation shown. To get paid that month, it must reach the payer on or before the contractual submission date. Under a JCT Standard Building Contract in the UK, that is the interim valuation date. Under AIA forms in the US, it is the billing date in the contract. Miss it and most contracts push the whole application into the following cycle.

Most late payment is not caused by clients who refuse to pay. It is caused by applications the client's quantity surveyor cannot verify quickly: round-number percentages, variations nobody has approved, and no evidence attached. This guide sets out a repeatable monthly routine for contractors and trade businesses that removes those delays.

Why the contract date matters more than the work

Payment cycles are fixed by the contract, not by when you finish a valuation. In the UK, the JCT explains that interim payment due dates must be fixed under the Construction Act, and that the due date is 7 days after the interim valuation date in the Standard Building Contract. The contractor may make an application no later than that valuation date, stating the sum it considers due and the basis of the calculation.

The final date for payment is then 14 days after the due date. If the payer wants to pay less than the sum stated, it must give a pay less notice no later than 5 days before the final date for payment. If it fails to do so, the amount in the certificate or notice must be paid in full. Interest on late sums under that contract runs at 5% above the Bank of England base rate.

The practical point is that your application can become the payment notice. Where the payer fails to issue a valid notice and you have already applied as the contract allows, the Construction Act treats your application as the payee notice, and the sum you stated becomes due. That only helps if your application was on time, stated a sum, and showed how you got there. Other countries and contracts differ, so read your own payment clause before relying on any of this.

Check your own contract

The dates above come from the JCT Standard Building Contract in the UK. Bespoke amendments, sub-contract terms and other countries' rules change the periods, so confirm the dates in your own contract particulars.

Build the application from measured progress

1

Fix the dates in a calendar on day one

Take the first valuation date, the monthly repeat rule and the payment periods from the contract particulars. Put the submission deadline in the team calendar with a reminder at least three working days earlier. Record what happens if the date falls on a weekend, because most contracts move it to the nearest business day.

2

Agree a schedule of values that matches the contract sum

Break the contract sum into line items that each represent a distinct, measurable piece of work, and make the lines add up exactly to the contract sum. Agree the breakdown with the quantity surveyor before the first application. A schedule of values with too few lines forces guesswork, and too many makes monthly checking unmanageable. For a 1,500,000 fit-out, lines such as strip-out, partitions, electrical first fix and mechanical services each get their own value.

3

Measure progress on site before you open the spreadsheet

Walk the work with the person responsible for each package and record the percentage or quantity complete per line, using daily logs, delivery tickets and photos as support. Measured quantities beat estimates. A claim of 62% on partitions backed by a floor-by-floor record is far harder to cut than a claim of 60% from memory.

4

Add only approved variations and properly valued stored materials

Include variations that have been instructed or agreed in writing, each as its own line with its reference. Hold back unapproved changes and chase them separately. Claim stored materials only where the contract allows it, with supplier invoices, proof of delivery and, where off site, evidence of ownership and insurance.

5

Calculate the sum due with the working shown

Take total work completed and materials stored to date, add approved variations, deduct retention at the contract rate, then deduct everything previously paid. Show each step on a summary sheet. Title the document using the contract's own wording, such as interim payment application, so nobody can argue about what it is.

6

Attach evidence the quantity surveyor can check unaided

Include the line-by-line breakdown, variation register, stored materials invoices, progress photographs and any certificates the contract requires. Anticipate the first three questions the quantity surveyor would ask and answer them in the pack. If the contract requires lien waivers, certified payroll or similar, include them, because a missing document is a standard reason to reject.

7

Submit early, confirm receipt and diarize the follow-up

Send it by the method the contract names, at least two working days before the deadline. Get a written acknowledgement. Then note the due date, the final date for payment and the last date for a pay less notice, and check on each. If an informal draft is accepted, send it to the quantity surveyor a few days ahead to catch disagreements before the formal submission.

Keep the application and the invoice consistent

Many contractors apply for payment and then raise a separate invoice that does not match. Where VAT or sales tax applies, the invoice usually follows the certified or notified sum, so any mismatch creates a query. Raise the invoice from the same figures as the application, and quote the application reference on it.

Progress data also needs a single source. If site teams report percentages in one place and the office keeps the valuation in another, the numbers drift. Recording progress against each line in project tracking and keeping variations and retention terms on the contract record means the application is assembled from records rather than rebuilt from memory every month.

Reconcile before you send

Compare this month's claimed progress with your costs to date on each line. A line showing 80% complete with 30% of cost spent, or the reverse, will prompt questions from the quantity surveyor before you have to answer them.

Common reasons applications are cut or delayed

Applications are most often reduced for four reasons: progress that cannot be evidenced, variations claimed before approval, stored materials without ownership proof, and arithmetic that does not reconcile to the previous payment. Late submission is the fifth and the most expensive, because it costs a full month rather than a deduction.

Over-claiming is tempting but backfires. A quantity surveyor who finds one inflated line will examine every line after it, and the next application will take longer to agree. Claim what you can show, then spend the saved effort chasing approved variations.

Finally, keep a record of every application and response. If a payer ignores the process, the application date, the stated sum and the basis of calculation are the documents an adjudicator or court will look at first. A tidy file is also your strongest answer when a payer says the claim was never received.

Sources

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