JCT DB LD's & Payless

I have a client who wants to deduct LDs because the contractor has failed to complete the sections by the completion dates. The EA has issued the certificate of non-completion and the relevant notice 2.29.1 and is about to issue the second notice under 2.29.1 followed by the pay less notice. My question is, if a payment notice has been issued last week, does the EA have to wait to issue the payless notice until the contractor submits its next interim application?


It depends on the Final Date for Payment of the last certificate. Any Payless Notice has to be issued not later than 5 days before the Final date for Payment in order to be valid under a standard JCT DB 2016 Contract. So if the Final Date is next week or the week after you can still issue a Payless Notice.

Thanks Mike, the final date for payment is 04/04 so the EA can issue a Payless Notice.