Payment

Payment guidance:

Produced in association with 4 Pump Court ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note provides background to and a summary of...

Practice Note

Construction contracts commonly provide that, if a party wishes to bring a claim under the contract, it must follow a prescribed procedure. This often requires the...

Practice Note

Produced in association with 4 Pump Court ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note sets out in detail how the provisions...

Practice Note

This Practice Note explains the principles relating to unfixed materials on construction projects and the rules relating to their inclusion in interim payments. It looks...

Practice Note

Payee’s payment notice in default of payer’s notice Reference: [insert appropriate reference to the contract and project] Date: [insert date] To: [insert recipient’s...

Precedents

What is an early payment facility? An 'early payment facility' (EPF), or 'supplier finance scheme', is an arrangement set up by a main contractor supported by a...

Practice Note

Government initiatives Lengthy contractual payment periods and late payment have long been considered to be a problem in the construction industry. Failure by a customer...

Practice Note

One of the principal concerns of a contractor/sub-contractor on a construction project is that it will not get paid. One way of addressing this concern is for the...

Practice Note

Date [insert date of Agreement] Parties 1 [insert name of Employer] of [insert address] [incorporated in England and Wales with company registration number] [insert...

Precedents

What is estoppel? The basic concept of an estoppel is that where a person (A) has caused another (B) to act on the basis of a particular state of affairs, A is prevented...

Practice Note

It is vital for contractors to follow the correct procedure for making claims for additional costs and/or extensions of time under the FIDIC contracts. The consequences...

Practice Note

This Practice Note examines price under the 1999 editions of the Red, Yellow and Silver Books, the Gold Book 2008 and the Pink Book 2010. For information on price in the...

Practice Note

It is vital for parties to follow the correct procedure for making claims under the FIDIC contracts. The consequences of not doing so are severe, and may lead to the...

Practice Note

Price is a key consideration of any construction contract. The FIDIC forms of contract follow two different methods of determining the price. The Red and Pink Books are...

Practice Note

What are fluctuations? Fluctuations provisions are clauses in construction contracts which allow the contract sum to be adjusted to take account of changes to the price...

Practice Note

This Practice Note lists key cases concerning the construction contract payment provisions of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) as...

Practice Note

This Practice Note provides an overview of what interim payments are, how the right to be paid (usually by monthly or stage/milestone payments) arises and the contractual...

Practice Note

What are project bank accounts? Project bank accounts are ring-fenced bank accounts set up for construction projects, where the purpose of the account is to make payments...

Practice Note

This Practice Note provides an overview as to how the contract price is calculated in JCT contracts and how it may be adjusted. It also provides guidance on the process...

Practice Note

The Late Payment of Commercial Debts (Interest) Act 1998 (LPCD(I)A 1998, or the Act) creates rights for businesses (and organisations in the public sector) to claim...

Practice Note

Letter prior to service of statutory demand [contact name, job title and department] [name of company] [address] [Your reference] [Our reference] Dear [insert contact...

Precedents

Letter prior to service of statutory demand and/or winding up proceedings [contact name, job title and department] [name of company] [address] [Your reference] [Our...

Precedents

Claims by contractors for loss and expense arising from a disturbance to progress of the works are one of the most debated and contentious areas of construction law,...

Practice Note

It is important for both employers and contractors to know how to deal with loss and expense claims and to be aware of the practical steps to take—this is especially true...

Practice Note

This Practice Note considers compensation events in the NEC3 and NEC4 contracts, the occurrence of which may entitle the Contractor to additional time and/or money. It...

Practice Note

This Practice Note looks at how payments are made and how the contract price is calculated under the NEC Engineering and Construction Contract (ECC). It provides an...

Practice Note

The payment provisions in a building contract will usually provide for the contractor to make applications (although applications are not always mandatory) either at...

Practice Note

Project Title: Reference/Works Package: Date: To: Date of Payment Notice: [Sub-]Contractor’s Application Reference No: [number] Dated: [date] This Notice is made pursuant...

Precedents

Notice of payer’s intention to pay less than the notified sum Reference: [insert appropriate reference to the contract and project] Date: [insert date] To: [insert...

Precedents

This Practice Note considers ‘pay when paid’ clauses and ‘pay when certified’ clauses in construction contracts, and the relevant provisions of the Housing Grants,...

Practice Note
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