Case study
Payment Notice Recovery for an M&E Subcontractor
A payment notice strategy supported a £128,000 payment recovery for an M&E subcontractor.
- Client
- M&E subcontractor
- Issue
- Payment was withheld after a disputed interim application.
Construction payment recovery
Subcontractors not getting paid?
Payment unpaid or reduced? Payment certified too low? Retention withheld or not released?
Are variations, deductions or the final account still disputed? Get a clear payment and valuation position supported by the contract and project records.
Book a no fee payment review
The initial discussion and payment position review are free of charge.
See what the review covers30+ years
Construction industry experience
MRICS
Chartered Quantity Surveyor
MCIArb
Member, Chartered Institute of Arbitrators
Payment disputes
Payment, valuation and adjudication experience
YOUR PAYMENT POSITION
Which payment problem do you need to resolve?
- 01
Payment unpaid or reduced?
Situation
You submitted a payment application, but the payer paid less than the amount applied for or paid nothing.
Outcome
We identify the amount that the contract, valuation and project records support at this payment stage.
- 02
Payment certified too low?
Situation
The valuation or certificate states less than your application. You dispute the under certification.
Outcome
We identify the valuation difference, contractual basis and evidence for the amount you claim.
- 03
Deductions disputed?
Situation
The payer deducted sums from the payment, and you dispute the contractual basis, calculation or amount.
Outcome
We identify the contractual basis, calculation and evidence for each disputed deduction.
- 04
Retention withheld or not released?
Situation
Retention remains unpaid after the contract conditions for release are satisfied, or the payer disputes whether they are satisfied.
Outcome
We identify the contract conditions for retention release and the amount that remains unpaid.
- 05
Variations or contract changes unpaid?
Situation
A variation or another change under the contract remains unvalued, unpaid or disputed.
Outcome
We identify the instruction or contractual change, entitlement, valuation and supporting records.
- 06
Final account still unresolved?
Situation
The final account or other final payment balance remains unpaid or disputed after the work is complete.
Outcome
We identify the balance and records that support settlement, negotiation or recovery.
Is your issue a Pay Less Notice?
Use our dedicated Pay Less Notice page for notice timing, notice content and notified sum issues.
NO FEE PAYMENT REVIEW
Know your payment and valuation position
The payment position review is free of charge. We examine the contract, payment application, valuation, payment certificate, deductions and project records.
ICRS usually completes the review within three working days after we receive the contract, application and available notices.
Typically suited to payment or wider valuation disputes of approximately £20,000 or more.
- 01
Payment and valuation position
We compare the application, valuation or certificate, payments and contract rules to identify the disputed amount.
- 02
Contract and evidence
We identify the contractual basis and records for unpaid work, under certification, deductions, variations, retention and final account items.
- 03
Recovery route
We identify whether the evidence supports negotiation, adjudication or separate solicitor advice.
SELECTED MATTERS
Payment recovery outcomes
These matters are examples of ICRS appointments in this area. Each case summarises the issue, ICRS's involvement, the work delivered and the outcome.
Case study
Final Account Adjudication for a Painting Subcontractor
The adjudicator awarded £184,000 and interest in the final account adjudication.
- Client
- Specialist painting and surface preparation subcontractor
- Party representation
- Referring Party
- Issue
- The final account dispute concerned original works, variations and other works.
Case study
Retention Recovery for a Brickwork Subcontractor
The subcontractor secured a £82,500 retention recovery.
- Client
- Specialist brickwork subcontractor
- Issue
- Retention remained withheld after completion of the subcontract works.
WHY ICRS
Experience for payment and valuation disputes
ICRS uses commercial management, quantity surveying, contract analysis and adjudication experience for subcontract payment and valuation disputes.
The ICRS team includes the professional and academic credentials shown below.
30+ years
Construction industry experience
MRICS
Chartered Quantity Surveyor
MCIArb
Member, Chartered Institute of Arbitrators
LLM
Construction Law and Arbitration
Payment and valuation
ICRS works on payment applications, valuations, under certification, deductions, variations, retention release and final accounts.
Contracts and valuation
ICRS examines payment clauses, valuation rules, certification, deductions, retention, variations and final payment provisions.
Experience includes JCT, NEC, FIDIC and bespoke construction contracts.
Adjudication
ICRS represents Referring Parties and Responding Parties in payment and valuation adjudications.
PAYMENT RECOVERY
What happens after the review?
If you instruct ICRS after the review, we prepare the payment case and evidence for negotiation or adjudication.
- 01
Prepare the payment case
We set out the contractual and valuation basis for each disputed amount.
- 02
Prepare the evidence
We link each disputed amount to the instructions, valuation, correspondence and project records that support it.
- 03
Use the recovery route
We use the payment case in negotiation or adjudication when the contract and evidence support that route.
FURTHER ACTION
Choose the next recovery step
The next step depends on the amount, contract, evidence and commercial position. ICRS can help you select the recovery route.
- 01
Commercial negotiation
Use the payment case and evidence to focus the commercial discussion on the disputed amounts.
- 02
Adjudication
ICRS can prepare and present a payment or valuation case for a Referring Party or Responding Party.
- 03
Separate solicitor advice
A solicitor gives separate legal advice and acts in court proceedings or enforcement when those services are needed.
Discuss your payment issue
Book a time to discuss your payment position and the next recovery step with ICRS.
The initial discussion and payment position review are free of charge.
PAYMENT ENQUIRY
Prefer to send the details?
Send the payment details and tell us how you want ICRS to contact you. We aim to respond within 24 hours.