Paragraph 9 Payment noticeF2F1
England and Wales
Where the parties to a construction contract fail, in relation to a payment provided for by the contract, to provide for the issue of a payment notice pursuant to section 110A(1) of the Act, the provisions of this paragraph apply.
The payer must, not later than five days after the payment due date, give a notice to the payee complying with sub-paragraph (3).
A notice complies with this sub-paragraph if it specifies the sum that the payer considers to be due or to have been due at the payment due date and the basis on which that sum is calculated.
For the purposes of this paragraph, it is immaterial that the sum referred to in sub-paragraph (3) may be zero.
A payment provided for by the contract includes any payment of the kind mentioned in paragraph 2, 5, 6, or 7 above.
Annotations
Textual amendments
- F1
Sch. Pt. 2 para. 9 substituted (E.) (1.10.2011) by The Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (England) Regulations 2011 (S.I. 2011/2333), regs. 1(1), 4(3) (with reg. 1(2)(3))
- F2
Sch. Pt. 2 para. 9 substituted (W.) (1.10.2011) by The Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (Wales) Regulations 2011 (S.I. 2011/1715), regs. 1(1), 4(3) (with reg. 1(2)(3))