Employer’s Agent Payment and Pay Less Notice templates for the JCT Design and Build Contract

NBS Contract Administrator includes electronic versions of the RIBA Contract Administration forms to support administration of the contracts listed.

There are currently no RIBA Contract Administration forms for the Employer’s Agent Payment Notice and Pay Less Notice, so we are unable to include these forms in NBS Contract Administrator.

You should produce your own notice outside of NBS Contract Administrator.

Note the JCT Design and Build Contract does not provide for “third party” certification of amounts due for payment as there is no Contract Administrator, so there is no ‘Interim Valuation’ carried out.

Payment Notice:

The document issued must state the sum due, how that sum is calculated and be issued within the correct time scale (stipulated in the Contract, but normally no later than five days after the contractual ‘due date’) to be valid. The JCT D&B Contract provides for this notice to be served by the Contractor in the form of an Application for Payment.

Pay Less Notice:

If the payer intends to pay less than the sum notified in the Contractor’s Payment Notice, the law requires that they must give a written response (a ‘Pay Less notice’ formerly known as ‘withholding notice’) to the contractor within the period stipulated in the contract before the final date for payment, setting out:

• The amount that the payer considers due on the date that the notice (e.g. invoice or application) was served.
• The basis for calculating the sum.
• Any sum due to be withheld and why (with separate amounts attributed to different reasons).