We submitted our final account 21 days ago for assessment. The Project Manager will not respond to our requests to an update on our payment application.
Where do we stand on this and what are our options.
Assuming the payment terms are 28 days, at what stage is a pay less notice void?
Where you have assessed the amount due and submitted an application before the assessment day, then the Employer (NEC3) or Client (NEC4) is obliged to pay the amount of this ‘payment notice’ unless a notice to pay less is given, which must be not later than 7 days before the final date for payment.
If your contract specifies 28 days for the final date for payment (NEC period is 3 weeks) then a ‘pay less’ notice can be given up to day 21 (notwithstanding any ‘excluded’ days such as Bank Holidays etc).
If your payment application was given after the assessment day then the applicable due date would be the subsequent assessment day, linking payment ‘terms’ with the applicable assessment day.