Search Legislation

Construction Contracts (Amendment) Act (Northern Ireland) 2011

What Version

 Help about what version

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally enacted).

Notices relating to payment

This section has no associated Explanatory Notes

6.—(1) The 1997 Order is amended as follows.

(2) In Article 8 (entitlement to stage payments) in paragraph (4) for “under the contract” substitute “provided for by the contract”.

(3) In Article 9 (dates for payment) the following are repealed—

(a)paragraph (2), and

(b)in paragraph (3), the words “or (2)”.

(4) After Article 9 insert—

Payment notices: contractual requirements

9A.(1) A construction contract shall, in relation to every payment provided for by the contract—

(a)require the payer or a specified person to give a notice complying with paragraph (2) to the payee not later than 5 days after the payment due date, or

(b)require the payee to give a notice complying with paragraph (3) to the payer or a specified person not later than 5 days after the payment due date.

(2) A notice complies with this paragraph if it specifies—

(a)in a case where the notice is given by the payer—

(i)the sum that the payer considers to be or to have been due at the payment due date in respect of the payment, and

(ii)the basis on which that sum is calculated;

(b)in a case where the notice is given by a specified person—

(i)the sum that the payer or the specified person considers to be or to have been due at the payment due date in respect of the payment, and

(ii)the basis on which that sum is calculated.

(3) A notice complies with this paragraph if it specifies—

(a)the sum that the payee considers to be or to have been due at the payment due date in respect of the payment, and

(b)the basis on which that sum is calculated.

(4) For the purposes of this Article, it is immaterial that the sum referred to in paragraph (2)(a) or (b) or (3)(a) may be zero.

(5) If, or to the extent that, a contract does not comply with paragraph (1), the relevant provisions of the Scheme apply.

(6) In this and the following Articles, in relation to any payment provided for by a construction contract—

“payee” means the person to whom the payment is due;

“payer” means the person from whom the payment is due;

“payment due date” means the date provided for by the contract as the date on which the payment is due;

“specified person” means a person specified in or determined in accordance with the provisions of the contract.

Payment notices: payee’s notice in default of payer’s notice

9B.(1) This Article applies in a case where, in relation to any payment provided for by a construction contract—

(a)the contract requires the payer or a specified person to give the payee a notice complying with Article 9A(2) not later than 5 days after the payment due date, but

(b)notice is not given as so required.

(2) Subject to paragraph (4), the payee may give to the payer a notice complying with Article 9A(3) at any time after the date on which the notice referred to in paragraph (1)(a) was required by the contract to be given.

(3) Where, pursuant to paragraph (2), the payee gives a notice complying with Article 9A(3), the final date for payment of the sum specified in the notice shall for all purposes be regarded as postponed by the same number of days as the number of days after the date referred to in paragraph (2) that the notice was given.

(4) If—

(a)the contract permits or requires the payee, before the date on which the notice referred to in paragraph (1)(a) is required by the contract to be given, to notify the payer or a specified person of—

(i)the sum that the payee considers will become due on the payment due date in respect of the payment, and

(ii)the basis on which that sum is calculated, and

(b)the payee gives such notification in accordance with the contract,

that notification is to be regarded as a notice complying with Article 9A(3) given pursuant to paragraph (2) (and the payee may not give another such notice pursuant to that paragraph)..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources