We submit payment applications on time but have no system to track whether the employer has issued a Payment Notice within the contractual window - so we miss the deadline to enforce the notified sum.
Our variations are priced in emails and spreadsheets, and when the monthly application is due we can never be confident we have captured every approved change.
Retention balances are tracked informally - we know roughly how much is held but we have no record of the practical completion date or when the second half of retention becomes due.
What is the difference between a payment application and an invoice in construction?
A payment application is a formal notice stating the cumulative value of work completed and the net amount the contractor considers due. The employer or contract administrator then issues a Payment Notice confirming the certified amount. On some contracts, the contractor raises a formal invoice against the certified sum; on others, the application itself serves as the payment notice and invoice.
What happens if the employer fails to issue a Payment Notice on time?
Under the Construction Act 1996 and equivalent legislation, if the payer does not issue a valid Payment Notice by the contractual deadline, the contractor's payment application becomes the notified sum - the full amount applied for must be paid by the final payment date. A Pay Less Notice is the only mechanism the employer can use to pay less than the notified sum.
How should a disputed Pay Less Notice be handled?
Record the withheld amount and stated reasons immediately. Assess each deduction against your priced variation log and job record. If the dispute cannot be resolved by negotiation within the prescribed period, adjudication under the Construction Act provides a fast, binding resolution route. Time limits for challenging a Pay Less Notice are short - act within days, not weeks.
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