ReachBack is a free community helpdesk for construction professionals run by Built Intelligence. A library of high quality questions, from real users, with answers delivered and curated by industry experts.
Here is a selection of the payment questions that have previously been answered on our community helpdesk:-
Oct '20 - The PM should certify a payment within one week of the payment assessment date, which is the ‘due date’. If a payment certificate is not given 5 days after the ‘due date’, then your...
Jun '15 - ... the Local Democracy, Economic Development & Contraction Contract (2009) you haven’t given the Contractor a certificate for the amount due / notice of payment. If these assumptions are wrong, please say. Under the Acts, there is an obligation on the Employer or their agent to certify the amount due regardle...
Aug '16 - NEC3 Option D: Who carries the risk of exchange rate increase if the contractor received the forecasted payment to supplier in different currency in advance? Contractor’s monthly IPA includes other currency transaction which is forecast defined cost. Contractor...
Aug '14 - Late payment could be treated as a breach of contract but I believe that it has to be the essence of the contract. The essence must be that getting paid on time i...
Feb '20 - Section 110B of the amended HGCRA 1996 applies in this instance where the ‘specified person’ (Project Manager) has not given a payment notice (payment certificate) required by the contract within 5 days of the payment due date. NEC3 does not require a payment application to be given...
Apr '20 - An alternative would be to include in the Working Areas the off-site areas where materials are being stored through a clause 15.1 (NEC3) or clause 16.3 (NEC4) proposal. This means that title for these off-site materials will pass to the Employer / Client in the usual way i.e. when the materials a...
May '19 - ...is means that the Parties, taking account of the assessment interval, would have subsequent assessment dates which best align for the Contractor with payment dates, including, as you have highlighted, staff salary payments, and also for the Client, for example occurring at an appropriate time within their...
Jul '19 - ...actor have previously submitted our applications on time and in accordance with the assessment date noted within the Contract Data. The PM issues the Payment Certificate in accordance with C51.2 (and the Contract Data). The Employer has often missed the due date and we have been paid late (sometimes 60 day...
May '17 - ...he Project Manager has an obligation to assess amounts due to the Contractor regardless as to whether the Contractor has submitted an application for payment or not. The ECC in NEC4 fundamentally changes this approach in that if an application for payment is not submitted, the Contractor is not entitled to...
Dec '20 - Under the NEC4 ECS form the Subcontractor is required to submit an application for payment which the Contractor considers when assessing the amount due. I can only assume that the Contractor has not made this assessment and certified paymen...
Feb '20 - ...For instance if 28 days from start on Site was the 15th, then you could use the 15th of each subsequent month as the assessment day for that month. A payment assessment is made by the Contractor prior to each assessment day, so before the 15th in the above example, which is the payment application. If no p...
Nov '19 - The (payment) assessment date is the one that all other ‘action’ dates are determined by under NEC. There is no obligation under NEC3 for you to submit an applica...
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