Can I resubmit a payment application after a Payment Notice?
You can send more evidence and ask for a review, but that does not replace your application or restart the notice deadlines.
Updated: . By Jack Butler-Kettle, Construction Claims Consultant.
The answer
Nor does it change a notice already sent or move the final date for payment.
Consider separately whether the new evidence supports a higher valuation and whether the current cycle can accommodate a correction or extra payment. If it cannot, establish what should go into your next application.
It is not automatically true that you must wait for the next cycle. Nor must your main contractor revalue before the current final date.
If it accepts the extra amount, record the amount and when it will be paid. If it is still disputed, send a reasoned valuation response. Take legal advice where the notice's effect, your right to be paid or the dispute procedure is contested. A missing written instruction does not always mean a variation has no value or no right to payment.
Example
Illustrative example. The scenario and figures are invented.
The facts
You apply for £80,000, including a £12,000 variation. A valid Payment Notice states £68,000, because the instruction for the variation is missing. The instruction, the measure and your valuation build-up then turn up after the notice.
What happens
- You keep your application and the Payment Notice exactly as they were sent.
- You send the instruction, the measure and the build-up to your main contractor.
- You ask whether the current cycle can be adjusted, an extra payment agreed, or the item carried into your next application.
The cycle in figures
| Item | Amount |
|---|---|
| Application | £80,000 |
| Variation within the application | £12,000 |
| Payment Notice | £68,000 |
The outcome
The £12,000 is still an item to be assessed. It is not automatically payable, and it is not nil for good.
For a notice already received and a deadline close, use Underpayment Claim.