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    Construction Act — Payment Notice Deadlines

    Housing Grants, Construction and Regeneration Act 1996 (as amended 2011) — Scheme defaults

    Timeline

    Day 0END OF PAYMENT PERIOD

    Day 7DUE DATE (payment falls due)

    Day 12PAYMENT NOTICE DEADLINE (within 5 days of due date)

    Day 17PAY LESS NOTICE DEADLINE (at least 7 days before final date)

    Day 24FINAL DATE FOR PAYMENT (17 days after due date)

    Key Rules

    No payment notice given? You can adjudicate for the full notified sum
    No pay less notice given? The payer must pay the full sum in the payment notice
    Right to suspend 7 days' written notice to the payer, after the final date has passed without payment
    Suspension costs You can recover reasonable costs of suspension
    Adjudication You have the right to adjudicate at any time — decision binding until finally determined

    Important Notes

    • • These are Scheme defaults — your contract may set different periods
    • • Check your actual contract for specific due dates and notice periods
    • • Payment notices must state the sum due and the basis of calculation
    • • Pay less notices must state the sum considered due and the basis of calculation
    • • Oral notices are not sufficient — notices must be in writing

    "Smash and Grab" Adjudication

    If the payer fails to serve a valid payment or pay less notice on time, you can adjudicate for the sum stated in your own notice. The adjudicator must award that sum.

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