Getting paid in construction

Construction has its own payment law, and it is unusually favourable to the person waiting for money. Most subcontractors never use it, largely because nobody tells them it is there.

Updated 13 September 2026

The Construction Act, and what it gives you #

Construction act payment terms come from the Housing Grants, Construction and Regeneration Act 1996, amended by the Local Democracy, Economic Development and Construction Act 2009. Everyone calls it the Construction Act.

It applies to most construction contracts in the UK, written or not, and the rights below cannot be contracted out of. A term that tries to remove them does not work.

  • A right to be paid in stages, rather than only on completion, on contracts lasting more than 45 days
  • A right to a payment notice stating the sum considered due
  • A right to the full notified sum where no valid pay less notice was served in time
  • A right to suspend performance for non-payment, after 7 days notice
  • A right to refer a dispute to adjudication at any time
  • A ban on pay-when-paid clauses, except where a third party is insolvent

How the payment mechanism works #

Construction contract payment terms follow a fixed sequence, and each step has a deadline.

StepWhat happensWhen
Due dateSet by the contract for each paymentContract
Payment noticeStates the sum considered due, the notified sumWithin 5 days of the due date
Pay less noticeRequired if paying less than the notified sumBefore the final date for payment
Final date for paymentThe money must actually arriveContract
No valid pay less notice means the whole notified sum is payable. This is the single most useful thing in the Act. If the paying party misses the notice, it owes the notified sum in full, whatever it believes the work was worth. The argument about value happens later, separately.

When payment does not arrive #

Three routes, in ascending order of seriousness.

  • Statutory interest. Late commercial payments carry interest at 8% above base rate plus fixed compensation, calculated on the late payment interest calculator
  • Suspension. Give at least 7 days written notice stating the grounds, and you may stop work until you are paid. Costs and time caused by a valid suspension are recoverable
  • Adjudication. Refer the dispute at any time. A decision normally follows within 28 days and binds the parties until finally resolved

Adjudication is the reason construction payment disputes settle. It is fast enough that a paying party cannot use delay as leverage, which is exactly what the Act was written to stop.

Retention in construction #

Retention is money held back from what you have earned, as security against defects. Unlike everything above, it is not a statutory right: it exists only because the contract says so.

Typical
Percentage withheld3% to 5% of each payment
First half releasedAt practical completion
Second half releasedAt the end of the defects liability period
Defects liability periodCommonly 6 or 12 months

On a £100,000.00 job at 5%, that is £5,000.00 held back, half of it for a year or more after you finish. It is worth pricing that in rather than treating it as a windfall when it arrives.

Retention is your money, and it is often the hardest to collect. Release is frequently late, and the contractor's insolvency before release is how retention gets lost altogether. Diarise both release dates, chase them like any other invoice, and remember the notice regime above applies to a retention release just as it does to an interim payment.

Two contract points worth checking before signing: whether the retention is held in trust in a separate account, which protects it on insolvency, and what the defects liability period actually is, because a two-year period doubles how long you wait.

Labour only subcontractors #

A labour only subcontractor supplies labour while the contractor supplies materials and plant. It is common, and it raises two questions that get run together.

Are labour only subcontractors classed as employees? Not automatically. Employment status turns on control, the right of substitution, and mutuality of obligation, the same tests set out in IR35. A labour only arrangement can be genuinely self-employed or can be employment in all but name, and the label on the contract does not settle it.

What about CIS? Labour only payments are entirely labour, so there is no materials element to deduct first. That makes the CIS deduction simple and also larger, because materials are what normally reduce it.

Invoicing so you get paid #

The notice regime only protects you if your application or invoice is clear about what sum you say is due and when. A vague application makes it harder to argue a notified sum later.

The invoice generator produces a compliant UK invoice, and if you are within the domestic reverse charge, which most construction subcontractors are, the wording on the invoice changes and it is worth getting that right at the same time.

Common questions #

What is the Construction Act?

The Housing Grants, Construction and Regeneration Act 1996, as amended by the Local Democracy, Economic Development and Construction Act 2009. It gives anyone working under a construction contract a set of payment rights that the contract cannot remove, including adjudication and a right to suspend work for non-payment.

What are standard construction contract payment terms?

Under the Act, payment must be in stages on any contract expected to last more than 45 days, with a payment notice stating the sum due within 5 days of the due date, and a final date for payment set by the contract. Thirty days from the due date is common, but it is a contract term rather than a legal maximum.

What is retention in construction?

A percentage of each payment the client or main contractor holds back as security for defects, typically 5%. Half is usually released at practical completion and half at the end of the defects liability period. It is a contract term, not a statutory right.

What is a pay less notice?

A notice the paying party must serve if it intends to pay less than the notified sum. If it is not served in time, the full notified sum becomes payable regardless of what the paying party thinks the work was worth.

Can I stop work if I have not been paid?

Yes. The Act gives a right to suspend performance for non-payment, but only after giving at least 7 days written notice stating the grounds. Suspending without that notice is a breach of contract rather than a remedy.

Are pay-when-paid clauses legal?

No, other than where the third party is insolvent. A clause making your payment conditional on the main contractor being paid by the client is ineffective, and cannot be relied on.

What is adjudication?

A fast dispute process, normally producing a decision in 28 days, that either party to a construction contract can start at any time. The decision binds the parties until the dispute is finally resolved. The right cannot be excluded by the contract.

Are labour only subcontractors classed as employees?

Not automatically. Labour only means the subcontractor supplies labour and the contractor supplies materials, which is a commercial arrangement, not an employment one. Employment status depends on control, substitution and mutuality of obligation, the same tests used for IR35.

Last checked: 13 September 2026 Sources: s112, right to suspend, s111, the notified sum