Struggling to Get Paid on a Building Contract
At Optimum Resolution, we help subcontractors and contractors recover money owed, with straightforward advice and practical support.
Withheld or reduced payments
Payments are often reduced or withheld on the basis of valuation disagreements, variations, or alleged defects. On the face of it, these disputes appear to be about the value of the work, but in practice they are often driven by whether the contract has been followed properly.
We regularly see deductions being made without proper justification, or without the correct notices being issued in accordance with the contract. In those circumstances, the focus moves away from opinion and onto whether the contractual process has been complied with.
Understanding whether those deductions are valid, and what your actual entitlement is, is usually the starting point in bringing these situations under control.
Payment Notices
We review the relevant Payment Notice, the application it relates to and the contract's payment provisions. We check the stated amount and basis of calculation alongside the dates and supporting correspondence.
Where a valid payment application has been submitted and the required Payment Notice or Pay Less Notice has not been issued, the payer may be obliged to pay the notified sum. Establishing the relevant contractual and statutory position is therefore critical.
Pay Less Notices
We examine the reason for paying less, the calculation and the notice itself. We also review the timing and method of service against the applicable contractual requirements.
The aim is to establish a supported position on the deduction and identify the points that require a response.
Put the documents in context
Send us a short description of the problem first. During our assessment, relevant records may include:
- The contract and any amendments.
- The application and payment documents for the disputed period.
- Payment Notices or Pay Less Notices, with the correspondence used to send them.
- Valuations, instructions and records relating to the deduction.
We use those records to assess your particular position and explain the options for taking it forward.
Experience with contested payment claims
In a JCT subcontract dispute, we represented a groundworks subcontractor whose payment application the main contractor challenged. Our case addressed the contract and the parties' previous payment practice. The adjudicator awarded the full application amount.
Recover what’s yours with straightforward, expert support.
- 35+ years’ construction industry experience
- RICS Diploma in Adjudication, MCIArb
- Practical advice that saves you time and money
Discuss your notice or deduction
We help contractors and subcontractors resolve payment disputes quickly and effectively, always aiming for early, practical solutions first. Where necessary, we can also take matters through Adjudication, but only when other avenues have been explored.
Tell us briefly about your situation and we’ll get back to you promptly. Your first call is free, practical, and confidential.
Send an enquiry
Include a short outline and any deadline. We can discuss the records needed after that.
