What is the JCT payment timeline?
On an unamended JCT contract the due date is 7 days after the valuation date, and the final date for payment is 14 days after that.
Updated: . By Jack Butler-Kettle, Construction Claims Consultant.
For when the money must actually arrive under any contract, see how long a main contractor has to pay a subcontractor.
The answer
This is the timetable in section 4 of the JCT Standard Building Contract (SBC/Q 2016), the main contract. Each cycle starts from an Interim Valuation Date. The first is stated in the Contract Particulars. The rest fall on the same date each month, or the nearest Business Day, to the end of the job. So the whole timetable can go in the diary the day the contract is signed. Not later than 5 days after the due date, the Architect/Contract Administrator issues the Interim Certificate. It states the sum due and how it was worked out, and it is the Payment Notice for that cycle. Any Pay Less Notice must be given not later than 5 days before the final date. If an interim application was made by the Interim Valuation Date and no Payment Notice arrives, the application stands as the notice. Its sum becomes the notified sum. Two things catch people out. First, amended contracts often change the periods, usually by pushing the final date out and moving the Pay Less Notice window. Your JCT subcontract also sets its own periods. So build your diary from the signed contract and its amendments, not the standard form. Second, the due date runs from the Interim Valuation Date, not from when the application or certificate arrives. A late certificate does not move the due date or the final date. Count in calendar days, and treat the last day as the deadline.
Example
Illustrative example. The scenario and figures are invented.
The facts
An unamended JCT Standard Building Contract has an Interim Valuation Date of 20 June. The dates that follow are worked through, then the effect of an amendment to the final date for payment.
What happens
- The due date is 27 June, 7 days after the Interim Valuation Date.
- The Payment Notice is due by 2 July.
- The final date for payment is 11 July, and a Pay Less Notice must be received by 6 July.
- An amendment making the final date 28 days after the due date moves it to 25 July, and the Pay Less Notice deadline to 20 July.
The timeline in dates
| Date | Unamended | With the 28-day amendment |
|---|---|---|
| Interim Valuation Date | 20 June | 20 June |
| Due date | 27 June | 27 June |
| Payment Notice by | 2 July | 2 July |
| Pay Less Notice by | 6 July | 20 July |
| Final date for payment | 11 July | 25 July |
The outcome
Unamended, the cycle runs from 20 June to a final date of 11 July, with the Pay Less Notice by 6 July. The 28-day amendment moves those to 25 July and 20 July. None of this depends on when the certificate arrives. Issued a week late, it would leave the due date and final date where they are. The contractor's answer would be its own Interim Payment Notice, not a longer wait.
Late Payment Prevention derives these dates from the executed subcontract and its amendments for every live job.