I have been trying to get my money out of one of the so called big nationals for over 3 months now. Qs was sacked and we had to go through the whole painful process of forwarding information again. That in itself is bad enough but I thought we were starting to get somewhere about a fortnight ago when a new broom came in and again promised if we sent this final bit of information we would be payed that week. This seemed to go on for ever till the final straw came last night when they requested a full copy of my bank statement and a cancelled pay in slip, SHAKSMAFEKINHEID. This is not a delaying tactic but some new anti-fraud system they have in place. Am I being stupid or is this the norm.
AOM if your contract or works last longer than 45 days you are entitled to stage payments as your work becomes a construction contract, this is due to some thing called the HGRA (HOUSING GRANT,CONSTRUCTION AND REGENERATION ACT) 1996, this also means at the end of every month when you put in an invoice, the company you are working for have to give you notice of the date you will get paid and the final date for payment (section 110 of the act) if they want to knock you, keep money back for any reason at all they have to give you whats called a "Notice to withold payment" section 111 of the act, this must state the amount being witheld , and the reason, if none if forthcoming the amount you have invoiced is due, there is no grey area this is law. Mention to the contractor you know all this and they will sh*t themselves.
Don't take it ,use the laws to your advantage mate
---------- Post added at 06:29 PM ---------- Previous post was at 06:25 PM ----------
AOM if your contract or works last longer than 45 days you are entitled to stage payments as your work becomes a construction contract, this is due to some thing called the HGRA (HOUSING GRANT,CONSTRUCTION AND REGENERATION ACT) 1996, this also means at the end of every month when you put in an invoice, the company you are working for have to give you notice of the date you will get paid and the final date for payment (section 110 of the act) if they want to knock you, keep money back for any reason at all they have to give you whats called a "Notice to withold payment" section 111 of the act, this must state the amount being witheld , and the reason, if none if forthcoming the amount you have invoiced is due, there is no grey area this is law. Mention to the contractor you know all this and they will sh*t themselves.
Don't take it ,use the laws to your advantage mate
109
Entitlement to stage payments .(1)
A party to a construction contract is entitled to payment by instalments, stage payments or other periodic payments for any work under the contract unless— .
(a)
it is specified in the contract that the duration of the work is to be less than 45 days, or .
(b)
it is agreed between the parties that the duration of the work is estimated to be less than 45 days. .
(2)
The parties are free to agree the amounts of the payments and the intervals at which, or circumstances in which, they become due. .
(3)
In the absence of such agreement, the relevant provisions of the Scheme for Construction Contracts apply. .
(4)
References in the following sections to a payment under the contract include a payment by virtue of this section. .
110
Dates for payment .(1)
Every construction contract shall— .
(a)
provide an adequate mechanism for determining what payments become due under the contract, and when, and .
(b)
provide for a final date for payment in relation to any sum which becomes due. .
The parties are free to agree how long the period is to be between the date on which a sum becomes due and the final date for payment.
(2)
Every construction contract shall provide for the giving of notice by a party not later than five days after the date on which a payment becomes due from him under the contract, or would have become due if— .
(a)
the other party had carried out his obligations under the contract, and .
(b)
no set-off or abatement was permitted by reference to any sum claimed to be due under one or more other contracts, .
specifying the amount (if any) of the payment made or proposed to be made, and the basis on which that amount was calculated.
(3)
If or to the extent that a contract does not contain such provision as is mentioned in subsection (1) or (2), the relevant provisions of the Scheme for Construction Contracts apply. .
111
Notice of intention to withhold payment .(1)
A party to a construction contract may not withhold payment after the final date for payment of a sum due under the contract unless he has given an effective notice of intention to withhold payment. .
The notice mentioned in section 110(2) may suffice as a notice of intention to withhold payment if it complies with the requirements of this section.
(2)
To be effective such a notice must specify— .
(a)
the amount proposed to be withheld and the ground for withholding payment, or .
(b)
if there is more than one ground, each ground and the amount attributable to it, .
and must be given not later than the prescribed period before the final date for payment.
(3)
The parties are free to agree what that prescribed period is to be. .
In the absence of such agreement, the period shall be that provided by the Scheme for Construction Contracts.
(4)
Where an effective notice of intention to withhold payment is given, but on the matter being referred to adjudication it is decided that the whole or part of the amount should be paid, the decision shall be construed as requiring payment not later than— .
(a)
seven days from the date of the decision, or .
(b)
the date which apart from the notice would have been the final date for payment, .
whichever is the later.
Found this for you mate, good luck
