Construction Act & payment

Gulf FIDIC The FIDIC payment timeline: twenty-eight days to certify, fifty-six to pay The FIDIC payment clock in the Gulf: the Statement, twenty-eight days for the Engineer to certify, fifty-six days for the Employer to pay, all counted in calendar days. How to count it. 5 min read Construction Act Enforcing an adjudicator's decision when the loser will not pay An adjudicator's decision binds temporarily and is enforced by summary judgment in the TCC. Pay now, argue later. The defences are narrow, and insolvency can be one of them. 7 min read Construction Act The NEC payment timetable: assessment date, due date and Y(UK)2 Under NEC the assessment date drives the timetable. With Option Y(UK)2 the payment becomes due seven days after it and the final date fourteen days after that. The gap is where a JCT habit costs a week. 7 min read Construction Act The application served too early, or on the wrong day An application has to land in the right period and against the right due date. Serve it early or misdate it and it may do nothing, or nothing until the next cycle. 7 min read Construction Act When termination goes wrong and turns on the party that gave it A termination made without proper grounds, or without following the procedure, can itself be a repudiatory breach. The other side can accept it and claim damages. Getting the ground and the process right is the whole game. 7 min read Construction Act Setting up the payment schedule before the first valuation Ten minutes with the contract particulars at the start of a job removes a category of error for its whole duration. What to extract, and what to do when the particulars are silent. 6 min read Ireland Counting the days and referring a payment dispute to adjudication in Ireland The payment claim date, the twenty one day response, the thirty day due date and the statutory right to adjudicate under the Construction Contracts Act 2013. 6 min read Construction Act Interest on late payment: what you can actually claim Contractual interest, statutory interest under the Late Payment of Commercial Debts Act, and the fixed compensation most claimants forget. Which applies, and why the choice is not freely yours. 6 min read Construction Act When a document is not a valid payment notice A payment notice has to say the sum considered due and how it is worked out, and it has to read as the notice it claims to be. Miss either and it is nothing. 7 min read Construction Act Counting the days: where payment timetables quietly go wrong Whether days are calendar or business days, whether the first day counts, and what happens when a deadline lands on a bank holiday. The small arithmetic that decides whether a notice was valid. 6 min read Construction Act How payment changes the moment a contract is terminated Termination for default stops further sums becoming due until the account is drawn. Insolvency suspends the duty to pay or release retention from the insolvency event itself. The ordinary payment cycle no longer applies. 6 min read Ireland The payment response and the twenty one day rule under the Construction Contracts Act 2013 The payer on an Irish contract has twenty one days from the payment claim date to contest the amount. What the response must say, and what happens if it never comes. 6 min read Australia Counting business days to adjudication under Security of Payment Security of Payment adjudication runs on strict business-day deadlines from the reference date through the payment claim, payment schedule and application. Miscount and the right is gone. 7 min read Construction Act Pay-when-paid, and the other clauses the Act strikes out Conditional payment clauses are ineffective under section 113, with one narrow exception. What survives, what does not, and what fills the gap when a clause is knocked out. 6 min read New Zealand Counting working days and adjudication under the Construction Contracts Act 2002 Every deadline in the New Zealand payment regime runs in working days, with the December to January break stripped out, and adjudication is the fast route when a payer does not pay. 6 min read Australia Payment schedules and payment terms by state under Security of Payment Every East Coast Security of Payment Act runs the same sequence, payment claim then payment schedule, but the business-day windows differ between NSW, Victoria, Queensland and Western Australia. 7 min read New Zealand Payment schedules and the twenty working day response in New Zealand Under the Construction Contracts Act 2002 the payer must answer a payment claim with a payment schedule inside twenty working days, or the claimed amount becomes due in full. 6 min read Construction Act Suspending performance for non-payment: the right and its price Section 112 gives a statutory right to stop work when the notified sum is not paid. The seven day notice, what can be suspended, and the costs and time recoverable when it is done properly. 6 min read Singapore Counting the days under the SOP Act: claim, response and adjudication The SOP Act timeline runs on calendar days from the payment claim: response capped at twenty-one days, due date at thirty-five, and a separate seven day dispute window. Count them right. 6 min read Hong Kong Counting the days under the Security of Payment Ordinance in Hong Kong Cap. 652 counts the payment cycle in calendar days, thirty for the response and sixty for payment, while adjudication runs on fifty-five working days. Getting the count right. 6 min read Singapore The payment response and the 21 and 14 day rule in Singapore Under the SOP Act the respondent must serve a payment response within twenty-one days of the payment claim, or fourteen if the contract is silent. Miss it and the claimed sum stands. 6 min read Construction Act Smash and grab adjudication, and the true value answer One adjudication asks whether the notices were served. A different one asks what the work is worth. Confusing the two is how a payer ends up funding both. 7 min read Hong Kong The payment response and the thirty day rule under Cap. 652 Under the Security of Payment Ordinance the paying party has thirty days to respond to a payment claim. What the response must say, and what happens if it does not come. 6 min read Qatar FIDIC Counting the days on a Qatar FIDIC job: calendar days, and why they bite FIDIC counts in calendar days, not working days. How that shapes the 28 day IPC, the 56 day payment, and the 28 day claim notice on a Doha project with no SOP regime. 5 min read Malaysia Counting the days and adjudication under CIPAA 2012 in Malaysia Every CIPAA deadline is counted in working days and the right to adjudicate a payment dispute runs from them. Count wrong and the protection quietly slips. 6 min read Construction Act Contracts the Construction Act does not cover The payment and adjudication provisions apply to construction contracts, and the definition has exclusions that catch people out. 5 min read Construction Act What adjudication actually involves Twenty-eight days from referral to decision, binding until finally determined, and each side usually bears its own costs. What a QS needs to know before it starts. 6 min read Malaysia The payment response and the 10 working day rule under CIPAA 2012 CIPAA 2012 gives the payer ten working days to respond to a payment claim. Miss it, and the whole claimed sum is treated as disputed but unanswered. 6 min read Qatar FIDIC The FIDIC payment cycle in Qatar: 28 days to certify, 56 days to pay The two deadlines that govern cash on a Qatar FIDIC job. When the Engineer must issue the IPC under Sub-Clause 14.6 and when the Employer must pay under 14.7. 6 min read Construction Act Who issues the payment notice, and why it is not always you The Act puts the payment notice on the payer. Which document you issue depends on which side of the contract you are on, and the labels in use do not always match. 4 min read South Africa Payment timeline, recovery statement and adjudication in South Africa Counting the payment timeline in calendar days, using the JBCC recovery statement, and reaching a decision through contractual adjudication rather than a statute. 6 min read Saudi FIDIC Counting the days on a FIDIC job in Saudi Arabia FIDIC counts in calendar days. On a Saudi job the 28 day certification, the 56 day payment and the 28 day notice all run through Fridays, Ramadan and the two Eids without pause. 5 min read Construction Act The notified sum is the only number that matters Once the notified sum is fixed, that is what falls due on the final date for payment, whatever anyone thinks the work was worth. 5 min read Construction Act When the payer stays silent: the payee default notice If no payment notice is served, the payee can serve one instead, and the sum it states becomes the sum that must be paid. Why silence is the most expensive response to an application. 6 min read South Africa JBCC payment terms versus the government thirty days in South Africa A JBCC certificate is payable in about fourteen days. A state invoice under the PFMA is payable within thirty days. Two regimes, two clocks, both counted in calendar days. 6 min read Saudi FIDIC FIDIC payment timing in Saudi Arabia: 28 days to certify, 56 days to pay On a Saudi FIDIC contract the Engineer certifies within 28 days under Sub-Clause 14.6 and the Employer pays within 56 days of the Statement under 14.7. Here is how the two dates chain. 5 min read UK The payment timeline QScope calculates under the Construction Act QScope counts the days from due date to final date for payment under section 116, excluding the statutory non-days, so notices and any adjudication rest on enforceable dates. 6 min read UK Payment notices and pay less notices, tracked in QScope QScope watches the section 110A and section 111 deadlines against each due date, so a missed notice does not turn the application into the notified sum by default. 6 min read Construction Act Pay less notices: what they must say and when to serve one A pay less notice is the only lawful way to pay less than the notified sum. What it must contain, when it must arrive, and the four ways surveyors lose the right to serve one. 7 min read Construction Act The payment timetable under the Construction Act, in plain terms Due date, payment notice, final date for payment and pay-less notice. What each one means, how the days are counted, and what happens when you miss the one that matters. 6 min read