No response to PA from contractor by the due date

NEC3 and NEC4 Contracts Payment
1

We are a subcontractor and the contractor has not responded to our payment application in time for the assessment date or the due date, I assume that we can now send them a default payment notice for the amount on the payment application.

The twist in our situation however is that we are using milestone payments. In this payment application it was agreed with the contractor beforehand that we could split up one of the payment milestones into 2 separate ones in order for us to be paid earlier for some work done. I fear that if we send them a default payment notice before they send one, then they will reply with a pay less notice for £0 referencing the original milestone not being complete.

Any advice?

2

Hi welcome to the community

I have assumed that you have Y(UK)2 in the subcontract.

If your payment application was submitted in accordance with the subcontract (in time and to the correct address) then it will automatically become the notified sum in the absence of a valid payment notice from the Contractor. If the Contractor intends to pay less then it will need to issue a pay less notice.

Given your comments, it would seem sensible to discuss the matter with the Contractor and get clarity on what is going to be paid.