I’m looking to resolve a discussion between myself and a colleague on where on the payment certificate the Advance Payment to the contractor appears:
Defined cost, or
Other amounts to be paid…
and also the repayment of the Advance Payment
Deduction from the Defined cost, or
Less amounts to be paid by or retained from…
I’m certain it is not the Defined Cost option but my colleague swears blind that it is
I am assuming that this is NEC4 ECC form.
Each payment is assessed based upon the Price for Work Done to Date (PWDD) with the definition being specific to each main option. As you have mentioned Defined Cost, I presume that you are referring to a main option C, D or E, with PWDD referring to Defined Cost (Schedule of Cost Components) and the Fee.
The advanced payment, and associated repayments, are not part of the SoCC or the Fee so would sit outside of these and not be included within a PWDD assessment. They would, therefore, be represented on a payment certificate as an amount under clause 50.3, 2nd or 3rd bullet. There are numerous other amounts which do not form part of PWDD, including key date assessment, interest, delay damages, repeating a test or inspection etc.
Note also that a VAT calculation applies to both the advanced payment and repayment amounts as it is a payment in consideration for services.