Getting paid, 29 October 2026
How to submit an application for payment that gets paid
An application for payment is your claim for the value of work done to date under a construction contract. Send it on or before the date your subcontract sets, to the named person, showing the cumulative value, variations, retention, previous payments and the sum now due. If the contract is silent, the Scheme for Construction Contracts makes payment due 7 days after the period ends and final 17 days later.
What goes in an application for payment?
The QS checks your application against their own valuation. Make theirs easy to agree with by laying it out the way they'll check it.
What does a worked valuation look like?
Here's an interim application for a first and second fix electrical package on a care home extension, valued at the end of November 2026.
Application 4 for a £48,000 electrical package
Subcontract sum £48,000. First fix complete, second fix part done: 65% complete by the activity schedule. One instructed variation for extra external lighting.
| Contract work to date65% × £48,000 | £31,200 |
| Variation 03, external lightinginstructed in writing | £2,400 |
| Gross value to date | £33,600 |
| Retention3% × £33,600 | −£1,008 |
| Net value to date | £32,592 |
| Less previously paidapplications 1 to 3 | −£18,600 |
| Sum applied for this periodbefore VAT | £13,992 |
Always apply cumulatively. If application 3 was under-valued, the next cumulative figure picks the shortfall up without you having to argue about the old one.
Keep one tracker per job showing PO, invoiced, outstanding and final account. An application process starts from the same record: if you know what you've claimed and what's been paid on each package, the next application takes minutes.
Which payment dates does the law give you?
Most construction contracts in the UK fall under the Housing Grants, Construction and Regeneration Act 1996, known as the Construction Act. It says the contract must have an adequate mechanism for working out what's due and when, and a final date for payment. If the contract doesn't, the Scheme for Construction Contracts fills the gap.
Contracts with a homeowner for work on the home they live in are excluded. For a job expected to take under 45 days, the Act's right to stage payments doesn't apply, though the contract can still provide for them.
Applied to application 4, valued to Monday 30 November 2026 and sent the same day:
| Step | Rule under the Scheme | Date |
|---|---|---|
| Period ends, application sent | Mon 30 Nov 2026 | |
| Payment due date | 7 days after period end | Mon 7 Dec 2026 |
| Payer's payment notice due by | 5 days after due date | Sat 12 Dec 2026 |
| Pay less notice due by | 7 days before final date | Thu 17 Dec 2026 |
| Final date for payment | 17 days after due date | Thu 24 Dec 2026 |
Your subcontract will usually set its own dates. Read them, because they override the Scheme where they're compliant with the Act. In this example the final date lands on Christmas Eve, which is worth knowing about before the office shuts.
What if they don't send a payment notice?
Where the contract requires the payer to send a payment notice and they don't, the Act lets you send your own notice, and your application may already count as one if the contract says so. The final date for payment then moves back by the number of days your notice was late. After that, the sum you notified is payable unless they send a valid pay less notice in time. For the notices themselves, see payment and pay less notices.
A late application can push the due date back, or roll into the next period. Check the clause and resubmit on the next valuation date.
If your subcontract treats your application as the payee's notice, the sum you applied for is due by the final date unless a valid pay less notice arrives. If not, send your own payment notice now.
A valid, timely pay less notice lets them pay what it says. If you disagree, raise it in writing and consider adjudication.
If it isn't paid by then, you can give at least 7 days' written notice of intention to suspend, stating the grounds.
Writing the cover note
Send the application by the method the contract names, to the named person, and keep the proof. A short covering email helps the QS and creates a clear record of the date.
Subject: Application for payment 4, package, project name Dear QS name, Please find attached our application for payment 4 for package at project name, subcontract ref ref, valued to 30 November 2026. Gross value to date: £33,600.00 Less retention at 3%: £1,008.00 Less previously paid: £18,600.00 Sum applied for: £13,992.00 plus VAT under the reverse charge The valuation includes variation 03 (external lighting), instructed on date. Marked-up drawings, photos and signed day sheets are attached. Under the subcontract the payment due date is 7 December 2026 and the final date for payment is 24 December 2026. Please let me know by date if anything in the valuation needs discussing so we can agree it before your payment notice. Kind regards, Name Company, phone
What can you do if you're still not paid?
Under section 112 of the Act, if the notified sum isn't paid by the final date, you can suspend some or all of your work after giving at least seven days' written notice that states the grounds. The right ends when they pay in full, they must pay your reasonable costs of suspending, and any completion date moves by the time lost.
You can also claim statutory interest at 8% plus the Bank of England base rate if the contract has no interest clause, and refer a dispute to adjudication. Get a construction solicitor or claims consultant to check your notices before you suspend, because a wrongful suspension can put you in breach. The Commercial Payments Bill now in Parliament would also change the rules on retentions; see what the late payment reforms mean.
Where Nexley fits
Nexley is the AI back office for UK trade firms: five AI assistants run your tenders, quotes, buying, scheduling and invoicing. It connects to the tools you already work in, you run it all from WhatsApp, and you approve everything. £799 a month.
Nexley keeps a record of each package: contract sum, applications, variations, retention and payments, matched against your accounts. It drafts the next application on your valuation date with the cover note and your contract's dates filled in, and reminds you when a payment notice or final date passes without anything arriving. You check the figures and approve before it's sent.
Common questions
Is an application for payment the same as an invoice?
No. An application is a claim the payer values and responds to with a payment notice. Many contracts then ask you to send a VAT invoice for the certified sum. Check your subcontract for which document triggers payment.
What if I miss the application date?
It depends on the clause in your subcontract. A late application can move the due date or push the claim into the next period. Diarise every date for the whole job at the start so it doesn't happen.
Can I apply for materials on site?
Only if the subcontract allows it. Where it does, expect the QS to ask for delivery notes and proof you own the materials. Check the clause before you include them.
Does this apply to domestic jobs?
The Construction Act doesn't apply to contracts with a homeowner for work on the home they live in. For domestic work, agree stage payments in your terms; see our guide to deposits and stage payments.
Sources
- legislation.gov.uk: Housing Grants, Construction and Regeneration Act 1996, section 110
- legislation.gov.uk: section 110A, payment notices
- legislation.gov.uk: section 110B, payee's notice in default
- legislation.gov.uk: section 112, right to suspend
- legislation.gov.uk: section 106, residential occupiers
- legislation.gov.uk: section 109, stage payments
- legislation.gov.uk: Scheme for Construction Contracts, Part II
- GOV.UK: Interest on late commercial payments
- GOV.UK: How to use the VAT domestic reverse charge for building and construction services
Every rule, rate and date above was checked against these sources on the date shown at the top.
Topic: Getting paid
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