ABSTRACT

Section 4 only applies in the event of the payment application being made not later than five days after the payment claim date, in other words the date provided for in the contract or the date provided for in the Schedule to the Irish Act as the case may be. It would appear that a claim made after five days is invalid. The Irish Act does not set out the consequences. Presumably, the contractor or sub-contractor is entitled to whatever payment the contract provides for by way of interim payment or, if there is no contractual provision, it will simply have to await the next payment claim date to pursue its entitlements.