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CIPAA guide

Matters commonly referred

An instruction commonly begins with one unpaid sum. The contract usually raises further issues, which are identified before any payment claim is served.

  • A progress claim or final account that has been ignored or cut without a proper response.
  • Set-off and back-charges that do not match the contract.
  • Late or missing certificates, used as a reason not to pay.
  • Retention that is being held after it should have been released.
  • Liquidated damages threatened or deducted while an extension of time has not been dealt with.
  • A termination, or the threat of one, while money is still outstanding.

We review the contract and the programme with the project team, and then advise whether the appropriate step is a payment claim under CIPAA, a contractual claim such as an extension of time, or both.

These notes describe the legislation and the scope of our usual instructions. They are not advice on a particular contract. A consultation may be arranged here.

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