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My main contractor is not paying me

We applied, the final date for payment has gone by, and our main contractor has not paid us.

Updated: . By Jack Butler-Kettle, Construction Claims Consultant.

What's happening?

Your main contractor has not paid you, and the final date for payment looks to have passed. Before you treat it as late, check what was actually due. That depends on your application and any notices. A Payment Notice says what your main contractor will pay. A Pay Less Notice is the one it must send if it plans to pay less.

The gap often has a reason. A notice may have cut the sum, the valuation may be disputed, or part of it may have been paid. Sometimes the final date has not really passed yet. Sometimes it is simply late.

Chase the wrong figure and you hand your main contractor an easy argument. Jump straight to adjudication and you may spend money you did not need to. Wait too long and the balance grows while you keep funding the job.

The solution

First check that the final date for payment has really passed and what sum is actually due. Set your application beside any Payment Notice or Pay Less Notice, the proof of when each was sent, and your bank receipts. Then you chase the right figure, not a balance that is not yet due.

Late Payment Claim does that check, then demands the sum in writing with the interest the contract or the law allows. If it is still not paid, it prepares the suspension notice, or the adjudication where the sum justifies it. Late Payment Prevention then puts every final date in a diary, so the next late payment is chased the next morning.

Talk the payment position through first. Adjudication is one possible route, not the automatic next step, and none of these routes guarantees payment.

Example

Illustrative example. The scenario and figures are invented.

The facts

A subcontractor applies for £64,000 on the contract's application date. The due date is 7 days later and the final date for payment 21 days after that. Nothing arrives on the final date, and the commercial manager assumes the builder is simply paying late.

What happens

  1. The payment record is checked against the contract. A Payment Notice for £58,000 was emailed to the site office on the fourth day after the due date, which the contract allows.
  2. No Pay Less Notice followed, so the sum due is £58,000, not £64,000. It is 1 day overdue, not 3 weeks.
  3. That afternoon the demand goes out for £58,000 by return, with interest from the day after the final date.
  4. The £6,000 difference is kept as a valuation point for the next application, not treated as a payment default.

The cycle in figures

ItemAmount
Application£64,000
Payment Notice£58,000
Demanded and paid£58,000
Carried to the next application£6,000

The outcome

The £58,000 arrives within the week. The £6,000 is measured again the next month with the drawings attached, and is certified in full.