NEC4 PSC Correct a payment certificate

Recently had a customer ask how they correct an error in a payment certificate.

Here’s what i suggested. When you have issued a payment certificate incorrectly on a NEC4 PSC, you should follow clause 50.6 which states “that you correct any incorrectly assessed amount due in a later payment certificate.”

Clause 50.1 allows “the Service Manager to assess the amount due at each assessment date” its silent on whether you can re-assess it or correct it the same day. I’d suggest you raise this with your the other side and keep your legal team in the loop. Our software will allow you to notify that you are going to pay a different amount but you need to bear in mind you (and your employer’s) obligations in respect of the Construction Act. You can also issue a new payment certificate (eg the system allows it), although i am not sure you contractually have the authority to do this. Practically I’d suggest you speak to the other party and confirm in writing that they want the error corrected with a new certificate and check you legal team are happy with this; if so you can correct the error before next month.

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If the error could be corrected on the same assessment date then I’d see no practical harm in issuing another certificate for the correct amount. If not then it should be done at the next assessment date, this time though the Service Manager should include interest on the correcting amount in accordance with clause 51.3.

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