JCT 5 day payment issue


I was on a CPD Overview of Payment Provisions under JCT D&B Contract event today and I thought I heard that the 5 day payment turnaround did not include the weekend. Is this true? As this and bank holidays I often found challenging in turning around payment notices aside in time.

Days are calculated to include weekends but not Bank Holidays if you are looking at the Payment and Adjudication timetable. So if you have to do something like issue a Payless Notice not later than 5 days before, say, Tuesday 27th April 2021 then you would need to issue it today; as that is not less than 5 days before Tuesday 27th April 2021. The active days would be 22nd, 23rd, 24th, 25th and 26th April.

If Monday 26th was a Bank Holiday it would not count so you would have to issue a day earlier. It gets very complicated around Christmas.

I always err on the side of caution as if you get it wrong then you can end up in a smash and grab situation.

Thanks Mike, very much appreciated. You would think nowadays the 5 days would not include weekends.