JCT payment timetables depend strictly on the contract form, edition, Sub-Contract Particulars, and any bespoke amendments. A missed application deadline alters the payment timetable under your contract, but under standard, unamended terms, it does not automatically invalidate your work or entitle the main contractor to defer payment indefinitely.
Standard JCT Subcontract Timetable (SBCSub/C & DBSub/C)
In standard, unamended forms such as the JCT Standard Building Sub-Contract (SBCSub/C) and Design and Build Sub-Contract (DBSub/C), the standard interim valuation cycle operates under specific notice milestones:
- Application Submission: Where the relevant standard clause applies, the interim payment application must be received not later than 4 days prior to the Interim Valuation Date.
- Due Date: Fixed at 12 days after the Interim Valuation Date.
- Payment Notice: The Contractor must issue a Payment Notice no later than 5 days after the Due Date.
- Final Date for Payment: Fixed at 14 days after the Due Date.
Case Law Note: In Elements (Europe) Ltd v FK Building Ltd [2023], the Technology and Construction Court considered SBCSub/C 2016 Clause 4.6.3.1 and ruled that an application received at 22:07 on the fourth day before the valuation date was timely on those specific contract facts. This is not a universal rule; bespoke amendments frequently insert express time-of-day cut-offs.
What Happens If Your Payment Application Is Late?
Where unamended standard provisions (such as Clause 4.6.2) apply, a late interim application does not automatically forfeit your payment rights. Instead, the contract provides that the Due Date is postponed to 16 days after the date of actual receipt by the contractor.
This postponement mechanism applies only where the clause is unamended. If bespoke schedules strike out the postponement mechanism, your late application may be deferred into the subsequent monthly cycle.
Bespoke Amendment Traps: Deleting Clause 4.6.2
Main contractors routinely delete the 16-day postponement clause in their schedules of amendments, inserting clauses that deem late applications void or deferred until the following month. Always check your Sub-Contract Particulars and Numbered Documents before assuming standard JCT relief applies.
Practical Checklist: Protecting Your Interim Valuations
- Verify the Interim Valuation Date: Locate the specific date set out in the Sub-Contract Particulars or agreed payment schedule.
- Check Notice Cut-Off Provisions: Confirm whether your subcontract defines acceptable hours of service, electronic delivery methods, or portal upload requirements.
- Understand the Notified Sum Process: If a contractor fails to issue a Payment Notice within 5 days of the Due Date, an interim application does not automatically become the notified sum unless the contract and the statutory notice requirements under Sections 110A and 110B of the Construction Act are satisfied.
- Retain Evidence of Service: Maintain transmission logs, receipts, and email timestamps demonstrating exactly when and how the application was delivered.
Next Step: Did You Include Verbal Instructions In This Valuation?
If extra work was instructed orally on site, review the instruction and variation clauses in your subcontract. Under standard JCT forms, oral directions should be confirmed in writing within the required contractual window.
Keep accurate site records of who issued the instruction and when. Missing a confirmation window does not automatically exclude the work from valuation, but issuing a timely confirmation notice prevents contractor disputes.
Read my guide on JCT Confirmation of Verbal Instructions (CVI) and secure your variations →