Experience Area E - Administration & Observation Of Contract Works

Question 1

Payment Claims: can Architects issue invoices as Payment Claims? And why would they choose to do this?

Answer 1

Refer PN 3.211: Yes they can.

Why? If client doesn’t respond quickly then you can enforce payment claims through court

If disputed can have quick resolution through adjudication
Can seek a charging order (not against occupier/owner of dwelling house)
You can suspend work if not paid

Disadvantages
Can adversely effect relationship with client
Has to follow strict requirements of act
May not be final word if client seeks to recover fees

Question 2

What is needed for a Payment Claim to be valid?

Answer 2

1. Be in writing
2. Identify contract
3. Identify the work done
4. Identify the relevant period
5. State a claimed amount
6. State the due date
7. Indicate how the claimed amount was calculated
8. State the payment claim is made under the construction contracts act 2002
9. Have form 1 attached