Pay less notice disputes

Pay less notice disputes

A pay less notice decides whether the full amount claimed has to be paid now. Get it wrong by a day and you may have to pay first and argue later. We serve them, challenge them and defend them.

Received an invoice you don't agree with?

Under section 111 of the Housing Grants, Construction and Regeneration Act 1996, if you want to pay less than the sum notified, you must serve a valid pay less notice in time. If you don't, the full notified sum is payable by the final date for payment, whatever the work is really worth.

  • We work out the real deadline from your contract or the Scheme for Construction Contracts
  • We set out the sum you consider due and exactly how it's calculated
  • We back every deduction with evidence: defects, unproven costs, overcharging
  • We make sure it's served on the right person, in the right way

Had your pay less notice challenged?

Subcontractors often argue a notice was late, invalid or tied to the wrong invoice, then threaten a "smash-and-grab" adjudication. We'll test their argument against the contract, the dates and the paperwork, and answer it point by point.

Where pay less notice disputes usually turn

Most disputes come down to a handful of questions. We'll answer each one for your situation.

Timing

When was the payment due date and final date for payment? Under the Scheme, a pay less notice can be given up to 7 days before the final date.

Which invoice?

Re-issued, replaced or duplicated invoices can move the dates. We check which document actually started the clock.

Content

A valid notice must state the sum considered due and the basis of calculation. Vague notices are open to challenge.

Payment terms

"Payment 14 days from invoice" often doesn't work as a payment mechanism, and the Scheme fills the gap.

Cost-plus charges

Where work is charged at cost plus a percentage, the costs must be proved before the uplift is due.

Pay now, argue later

Without a valid notice, the notified sum usually has to be paid before any "true value" adjudication can start.

Got an invoice with a deadline coming?

Send it over today. We'll tell you the last day to serve a pay less notice.