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Statutory notices

The deadline that decides the whole payment

In construction the money is not decided by the quality of the work — it is decided by whether the right notice was served in time. Nemexio watches that clock on every application and tells you the moment the payer has lost its argument.

Mill Lane — Phase 2 · JCT

Application #6 · £18,400

Notified sum
2 SepApplication #6 submittedLogged
7 SepPayment Notice due (5 days)Not received
25 SepPay Less Notice deadlineTomorrow
2 OctFinal date for paymentIn 8 days

No Payment Notice was served by 7 Sep. £18,400 is the notified sum and is payable in full by the final date. Basis: s.110A & s.111 HGCRA 1996

Step by step

How it works

1

Log the interim application

Enter the sum applied for and the date it was submitted. That date — not a due date you typed in — starts the statutory clock.

2

Nemexio runs the notice deadlines

Payment Notice due within 5 days under the Construction Act scheme, or the period your JCT or NEC contract sets. The final date for payment and the Pay Less deadline are derived automatically.

3

Missing notice = notified sum

If no valid Payment Notice or Pay Less Notice was served in time, the sum applied for becomes the notified sum and is due in full. Nemexio flags it as a legal position, not a reminder.

4

The reminder carries the argument

The chase email states the deadline that was missed and the statutory basis for it. That is a different letter from a polite nudge.

The numbers

Why it matters

Every figure comes from GOV.UK or the legislation itself.

5 days

A Payment Notice must be served within 5 days of the payment due date under the Construction Act scheme.

Source: Housing Grants, Construction and Regeneration Act 1996, s.110A

7 days

A Pay Less Notice must be served at least 7 days before the final date for payment — miss it and the full sum stays due.

Source: Housing Grants, Construction and Regeneration Act 1996, s.111

8% + base

Statutory interest on late commercial debts, plus £40–£100 fixed compensation per invoice.

Source: Late Payment of Commercial Debts (Interest) Act 1998

A generic invoice chaser cannot do this, because it only knows about due dates. The statutory clock is what turns an unpaid application into a sum that is legally due.

Questions

Frequently asked

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Statutory references are provided for information. Nemexio is not a law firm and does not give legal advice.