JCT contracts: Design and Build 2024 payment notices, Relevant Events and the 2024 changes
JCT contracts are the standard building contracts published by the Joint Contracts Tribunal, from Minor Works for simple jobs to the Standard Building Contract and the Design and Build Contract (DB) for larger projects. The current edition is JCT 2024: DB 2024 came first, on 17 April 2024, and JCT withdrew the 2016 Edition on 31 March 2026, selling it only until 31 December 2026 so that projects already started or tendered on it can finish. On payment, the Construction Act sets the rule: the payer gives a payment notice within five days of each due date and, to pay less than the notified sum, a pay less notice before the final date for payment. An unamended DB 2024 sets those at 5 days after the due date and 5 days before a final date 14 days after it.
- Published
- Updated
- Reading time
- 12 min
- Written by
- Jules Toussaint
England and Wales. Clause numbers follow JCT's published DB 2024 contents pages, JCT's own articles and the law firm commentaries cited beside them; JCT text is copyright, so check every period in your signed copy and its amendments. Not legal advice.
Who wrote this, and why. Mirage Metrics builds AI agents that read construction documents. Its change order review checks each change order against the original scope and contract and shows the clause behind every flag; the commercial team still prices and approves. Mirage has no published JCT deployment and no UK client, so this page is reference material, built from the sources linked in it.
JCT payment notice deadlines: the Act, DB 2024 and the Scheme
Part II of the Housing Grants, Construction and Regeneration Act 1996 (the Construction Act) covers construction contracts for work in England, Wales or Scotland (s.104(6)). The notified sum must be paid by the final date unless a pay less notice arrives in time (s.111). Where a contract leaves a step out, the Scheme for Construction Contracts fills that gap only, as an implied term (s.110(3), s.110A(5), s.111(7), s.114(4)).
| Step | Construction Act | DB 2024, unamended | Scheme, only where the contract is silent |
|---|---|---|---|
| Contractor's application | The contract may make the payee give the notice (s.110A(1)(b)) | Interim Payment Application with sum and basis; if received after the Interim Valuation Date (IVD), due date 7 days after receipt (4.7) | A payee's claim can set the due date (para 4) |
| Due date | Set by the contract (s.110(1)(a)) | 7 days after the IVD (4.7) | Later of 7 days after the period and the payee's claim (para 4) |
| Payment Notice | Not later than 5 days after the due date, with sum and basis; zero allowed (s.110A(1), (2), (4)) | Employer, not later than 5 days after the due date (4.7) | Not later than 5 days after the due date (para 9) |
| No Payment Notice | A required application counts as the payee's notice (s.110B(4)); otherwise the payee may give one, delaying the final date (s.110B(2), (3)) | The application sum becomes payable, subject to a Pay Less Notice | Section 110B applies directly |
| Final date for payment | Agreed by the parties (s.110(1)(b)) | 14 days from the due date (4.9) | 17 days from the due date (para 8) |
| Pay Less Notice | Sum due on the day of the notice and its basis, by the agreed period before the final date (s.111(3) to (5), (7)) | Not later than 5 days before the final date (4.10) | Not later than 7 days before the final date (para 10) |
| Not paid by the final date | At least 7 days' notice of suspension with grounds (s.112(2)); reasonable costs (s.112(3A)); time disregarded (s.112(4)) | Suspension if still unpaid 7 days after the notice (4.11) | Section 112 applies directly |
Source: Act: Part II, ss.110 to 112. DB 2024: periods from Contract & Construction Consultants' DB 2016 and 2024 flowchart, clause numbers from JCT's DB 2024 contents. Scheme: Part II, paras 4, 8, 9 and 10.
Under the Standard Building Contract the Architect/Contract Administrator issues an Interim Certificate within 5 days of the due date instead, with the same 14 days and 5 days (JCT Explains: Interim Payments, 2016 text).
Counting the days, and when a notice counts as received
For periods under the Act and the Scheme, a period starts the day after the trigger date and leaves out Christmas Day, Good Friday and bank holidays, but not weekends (s.116). The contract's own periods follow its reckoning clause, clause 1.5 in DB 2024 (contents).
Under clause 1.7 most notices go by any effective means, email included (1.7.3). Those under clause 1.7.4, several termination notices among them, go by hand, tracked post or email, and are deemed received the second Business Day after posting or the next Business Day after an email: a notice emailed at 6am on Wednesday 24 December 2025 is deemed received on Monday 29 December 2025 (JCT, DB 2024 A Year On; Eversheds Sutherland). Leave the email entries blank and service by email is not valid (RICS Construction Journal).
Illustrative example, invented figures: one November payment cycle under DB 2024
Unamended DB 2024, IVD on the 5th, £850,000 paid in earlier cycles, retention and VAT left out, notices handed over against a receipt, plain calendar count; no bank holiday falls in November 2026 (GOV.UK). The Contractor applies for £1,240,000 less £850,000, so £390,000. The Employer values the work at £1,180,000 (£330,000), then finds £22,000 of defective cladding: £1,158,000 less £850,000 is £308,000.
Without a Payment Notice by 17 November, the full £390,000 would have become payable, reducible only by a Pay Less Notice by 21 November. Giving it on the Friday settles the count, not validity: it must still state the sum and its basis and come from someone with authority.
The same count as a spreadsheet: enter the IVD and the application date for the four DB 2024 dates beside the Scheme's, counted under s.116 (holidays to 2028 listed). A notice register records who gave each notice, how, and when it was received or deemed received. The periods come prefilled with the unamended values: match them to your Contract Particulars.
Relevant Events and extensions of time under DB 2024
When it becomes reasonably apparent that progress is or is likely to be delayed, the Contractor notifies the Employer and identifies the cause; where the cause is a Relevant Event, it adds particulars of the expected effects and an estimate of the delay, and keeps them updated (clause 2.24; Holmes & Hills, July 2026). The Employer has 14 days from the particulars to ask for further information it reasonably needs (2.24.4) and must notify its decision within 8 weeks, down from 12 (2.25.2), counted from the later of the particulars and that information (JCT, A Year On; RICS). It fixes a later Completion Date where that is fair and reasonable.
| Relevant Event | Clause | Money as well? |
|---|---|---|
| Changes, and matters treated as a Change (6.13.5 reinstatement among them) | 2.26.1 | Employer's matter: check 4.21 |
| Certain Employer's instructions; deferment of possession | 2.26 | Employer's matter: check 4.21 |
| Antiquities and, since 2024, asbestos, contaminated material and unexploded ordnance (3.15), unless in the Contract Documents or brought by the Contractor | 2.26.4 | Yes: 4.21.3 |
| Epidemics after the Base Date that limit labour, goods, materials or services | 2.26.7 | Only if the Contract Particulars apply 4.21.6 |
| Changes in law, exercise of statutory powers, and guidance from government, local or public authorities or the Construction Leadership Council | 2.26.8 | Only if the Contract Particulars apply 4.21.7 |
| Delay in a permission or approval from a statutory body | 2.26 | Check 4.21 in your copy |
| Adverse weather, force majeure, civil commotion, terrorism, strikes, Specified Perils | 2.26 | No: neutral, time only |
Source: List: Holmes & Hills. Sub-clauses: Eversheds Sutherland, Blake Morgan, RICS, JCT, A Year On. Epidemic and guidance wording: Reed Smith. Neutral events: Bevan Brittan, on the 2016 forms. Read the whole of clause 2.26 in your copy.
An extension of time relieves the Contractor of liquidated damages for the period; it does not pay for being on site longer. Money needs a Relevant Matter, a narrower list limited in effect to matters within the Employer's control (Bevan Brittan), with its own notice under clause 4.20.
Amendments often rewrite the list, and often add a condition precedent to the delay notice, sometimes through words such as "provided that", where the standard text has the Employer assess an extension regardless (Holmes & Hills). Notify early either way.
Liquidated damages need three Employer notices: a Non-Completion Notice (2.28), notice before the final date that it intends to withhold or deduct, and a notice of liquidated damages at least 5 days before the final date for payment (2.29). A later extension means a fresh Non-Completion Notice and repayment of damages overpaid (Holmes & Hills).
NEC4 works differently: a compensation event is assessed for time and money together, and the Contractor's notification is barred eight weeks after it became aware of the event (clause 61.3; NEC101 Q&A). The full process is in the NEC4 compensation events guide.
What changed in JCT 2024
JCT published the 2024 Edition family by family, from DB 2024 on 17 April 2024 (JCT, March 2024) to the Target Cost Contract on 25 June 2025, which JCT said concluded the edition (JCT, June 2025). The 2016 Edition was withdrawn on 31 March 2026. Until 31 December 2026 it can still be bought to finish projects already started or tendered on it, and a 2016 main contract needs the matching 2016 sub-contracts; for new projects JCT recommends the 2024 Edition (JCT withdrawal notice). The DB 2024 changes that alter day-to-day administration:
| Topic | DB 2024 |
|---|---|
| Notices | Email allowed, to addresses in the Contract Particulars (1.7) |
| Extension of time | 14 days to ask for information (2.24.4); decision in 8 weeks, not 12 (2.25.2); 10, not 16, in the sub-contract |
| Relevant Events and Matters | Asbestos, contamination, unexploded ordnance (2.26.4, 4.21.3); epidemics (2.26.7, optional 4.21.6); law and guidance (2.26.8, optional 4.21.7) |
| Design liability | Reasonable skill and care, no fitness for purpose (2.17) |
| Building Safety Act 2022 | Article 7 names the Building Regulations dutyholders; 3.16 covers Part 2A. Nothing on higher-risk building gateways or the golden thread; expect amendments in Wales |
| Collaboration and sustainability | Collaborative working (Article 3) and sustainability (2.1.5, 2.2.2), formerly optional, now mandatory |
| Disputes | 9.1: notify a likely dispute, then senior executives meet; adjudication stays open at any time |
| Termination | Two insolvency grounds from the Corporate Insolvency and Governance Act 2020 (8.1); a Termination Payment procedure (8.13); damages stop at termination (2.29.5) |
| Fluctuations | Text moved to JCT's website; Option A applies if none is selected |
Source: JCT, A Year On; Eversheds Sutherland, April 2024; Gowling WLG, April 2024; RICS, June 2024; Reed Smith, May 2024; DB 2024 contents.
Choosing a JCT contract
JCT's practice note chooses a form by procurement route, by who designs and by how detailed the procedures must be, not by contract value. A Contractor's Designed Portion in a traditional form does not make it a design and build contract (JCT practice note 2024).
| Form | Design by | Price | Appropriate when, per JCT |
|---|---|---|---|
| Minor Works (MW, MWD) | Employer; MWD adds discrete parts by the Contractor | Lump sum, monthly interim payments | Simple work; not with bills, named specialists or detailed time and money provisions |
| Intermediate (IC, ICD) | Employer; ICD adds a Contractor's Designed Portion | Lump sum, monthly interim payments | Simple content, no complex services, fairly detailed provisions |
| Standard Building (SBC/Q, SBC/XQ) | Employer; optional Contractor's Designed Portion | Lump sum, monthly interim payments | Larger works with detailed provisions; bills (Q) or a specification (XQ) |
| Design and Build (DB) | Contractor completes the design | Lump sum, stage or periodic payments | Employer's Requirements prepared; no independent contract administrator, the Employer may appoint an Employer's Agent |
| Major Project (MP) | Contractor completes the design | Lump sum, monthly payments on the Pricing Document | Major works, experienced parties, more Contractor risk |
| Target Cost (TCC) | Contractor completes the design | Allowable cost plus a fee, with difference sharing | Incentive against an agreed Target Cost |
Use the sub-contract of the same family and edition as the main contract, and read it against the main contract's amendments.
When JCT is not the right choice
JCT's practice note settles the procurement route first and the form second (para 2). A JCT form, or DB 2024 in particular, is the wrong starting point in five cases:
- Work for a homeowner. Part II of the Construction Act does not apply to a contract mainly for work on a dwelling one party lives in or intends to (s.106), so neither do the notices on this page. JCT's home owner contracts cover that case (practice note, para 33).
- The Contractor designs only discrete parts. JCT points to a form with an Architect/Contract Administrator and limited Contractor design, not DB (practice note, p.18).
- Scots law or Northern Ireland. Scotland has the SBCC's integrated versions; DB/Scot 2024 was published on 29 September 2026 (SBCC). Northern Ireland uses JCT forms with the Royal Society of Ulster Architects' adaptation schedules (practice note, para 4), and Part II does not extend there (s.104(6)): payment follows the Construction Contracts (Northern Ireland) Order 1997. The calendar counts England and Wales holidays only.
- A public client has chosen another suite. The Construction Playbook has public clients pick standard contracts from NEC, JCT, PPC/TAC-1 and FAC-1 (p.49); the tender documents say which.
- The amendments rewrite payment or delay. JCT says its contracts are meant to be read as a whole and amendments avoided as far as practicable, particularly on points of substance (practice note, p.8). Once a schedule of amendments changes clauses 4.7 to 4.11 or 2.24 to 2.26, the periods here describe the standard form, not your contract.
Questions readers ask
A Payment Notice states the sum the payer considers due at the due date and how it was calculated; under an unamended DB 2024 the Employer gives it within 5 days of the due date. A Pay Less Notice comes later, only if the payer intends to pay less than that notified sum: it states the sum now considered due and its basis, not later than 5 days before the final date for payment.
The sum in the Contractor's Interim Payment Application becomes the sum payable, because the Construction Act treats an application the contract required as the payee's own notice (s.110B(4)). The Employer can then reduce it only with a valid Pay Less Notice, given not later than 5 days before the final date under an unamended DB 2024.
Not by itself. A Relevant Event gives an extension of time; money for the same delay needs a Relevant Matter under clause 4.21 and its own notice. Neutral events such as adverse weather or force majeure give time only. Under DB 2024, epidemics and changes in law give money only if the Contract Particulars apply Relevant Matters 4.21.6 and 4.21.7.
JCT withdrew the 2016 Edition on 31 March 2026 and sells it only until 31 December 2026, to finish projects already started or tendered on it; a 2016 main contract needs the 2016 sub-contracts. After that date JCT Construct subscribers can reuse their own 2016 boilerplates but not blank 2016 templates. JCT recommends the 2024 Edition for new projects.
The Design and Build Contract (DB 2024), where the Employer has prepared its Employer's Requirements and the Contractor completes the design. JCT's practice note points to the Major Project contract for large works between experienced parties, and to the Target Cost Contract for an incentivised target. A traditional form with a Contractor's Designed Portion is not a design and build contract.
Sources and scope
Checked on . Most sources were read on 27 October 2026; those behind the payment calendar and the section on when JCT is not the right choice on 28 October 2026. JCT's contract text is copyright: clause numbers come from JCT's contents pages, JCT's articles and the law firm articles listed, and the page paraphrases.
- Housing Grants, Construction and Regeneration Act 1996, Part II, current text on legislation.gov.uk: s.104(6) extent to England, Wales and Scotland; s.110 adequate mechanism and final date; s.110A payment notice within five days; s.110B payee's notice in default; s.111 notified sum and pay less notice; s.112 suspension; s.114(4) Scheme provisions as implied terms; s.116 reckoning periods
- Scheme for Construction Contracts (England and Wales) Regulations 1998, Schedule Part II (payment), current text: paras 4 (due date), 8 (final date 17 days), 9 (payment notice 5 days), 10 (pay less notice 7 days before the final date)
- JCT, Design and Build Contract 2024, contents pages (clause headings): headings of clauses 1.5, 1.7, 2.24 to 2.29, 4.7, 4.9, 4.10, 4.11, 4.21, Articles 3 and 7, 8.13, 9.1
- Seán Mac Labhraí, The JCT Design and Build Contract (2024 Edition): A Year On, JCT blog, 16 October 2025: clause 1.7.3 and 1.7.4 notices and deemed receipt, the 24 December 2025 example; 2.24.4 fourteen days; 2.25.2 eight weeks instead of twelve; 2.26.7, 2.26.8, 4.21.6 and 4.21.7 and their default; 9.1
- JCT, JCT announces release of 2024 Edition of contracts, 18 March 2024: DB 2024 released on 17 April 2024, first of the edition
- JCT, release schedule for the Target Cost Contract 2024, 11 June 2025: TCC 2024 released on 25 June 2025, concluding the 2024 Edition
- JCT, JCT 2016: Withdrawal and Transitionary Period Explained (web page): withdrawal on 31 March 2026, sale until 31 December 2026, 2016 sub-contracts with a 2016 main contract, boilerplates
- JCT, Practice Note: Deciding on the appropriate JCT contract 2024, June 2025: when each main form is appropriate, its price basis, the Employer's Agent's authority, Contractor's Designed Portion not a design and build contract; SBCC and Royal Society of Ulster Architects versions (para 4); home owner contracts outside the Act (para 33); amendments to be avoided (watchpoints, p.8); DB where design is limited to discrete parts (p.18)
- JCT, JCT Explains: Interim Payments, 16 October 2023 (SBC/Q, 2016 text): SBC interim certificate within 5 days of the due date, final date 14 days, pay less notice 5 days before
- Contract & Construction Consultants, Interim payment under the JCT 2016 & 2024 Design and Build Contracts (flowchart, PDF): DB due date, Payment Notice, final date, Pay Less Notice and suspension periods
- Sophie Bennett, Holmes & Hills, Delay under the JCT Design and Build Contract 2024, 10 July 2026: delay notice (2.24), Relevant Events listed in 2.26, amended lists and conditions precedent, eight weeks, liquidated damages notices (2.28, 2.29)
- Eversheds Sutherland, JCT Design and Build 2024: what's changed, 29 April 2024: 1.7.3, 1.7.4.2, 2.26.1 with 6.13.5, 2.26.4 and 4.21.3, 2.26.7, 2.26.8, 2.29.5, 3.16, Article 7, 8.1, 8.13, 9.1, 2.1.5, 2.2.2
- Gowling WLG, JCT publishes Design and Build 2024: what are the key changes?, 18 April 2024: 12 to 8 weeks, sub-contract 16 to 10 weeks, insolvency grounds, 8.13, fluctuations text online
- Mark Pountney, RICS Construction Journal, What's new in the JCT 2024 Design and Build contract?, 19 June 2024: email addresses in the Contract Particulars, 2.24.4, 2.25, 2.26.4, 2.26.7, 2.26.8, 2.17, 2.29.5, Article 7 and Wales, fluctuations Option A by default
- Kyle Sethi, Reed Smith, Insights into the 2024 Design and Build Contract, 16 May 2024: wording of the new Relevant Events; higher-risk buildings and golden thread not covered
- Blake Morgan, JCT Design & Build 2024: ground conditions, 8 May 2024: clause 3.15, Relevant Event 2.26.4 and Relevant Matter 4.21.3, the exception for identified or Contractor-brought material
- Thomas Weld, Bevan Brittan, JCT Relevant Events v NEC Compensation Events, 29 August 2017 (2016 forms): neutral events give time only; Relevant Matters a narrower list within the Employer's control
- NEC, NEC101 Compensation Events: Q&A (PDF, November 2024), Q34: NEC4 eight-week notification bar from awareness, clause 61.3
- Scottish Building Contract Committee, SBCC Releases the 2024 Design and Build Suite for Scotland, 29 September 2026: DB/Scot 2024 published
- GOV.UK, UK bank holidays (England and Wales, read 28 October 2026): no bank holiday in November 2026 (worked example); the 2026 to 2028 dates the payment calendar leaves out
- Housing Grants, Construction and Regeneration Act 1996, s.106, current text: Part II does not apply to a contract with a residential occupier
- The Construction Contracts (Northern Ireland) Order 1997 (SI 1997/274), legislation.gov.uk: Northern Ireland's own payment legislation
- HM Government, The Construction Playbook, version 1.1, September 2022, p.49: public clients choose standard contracts from the NEC, JCT, PPC/TAC-1 and FAC-1 suites
This guide explains contract administration practice for educational purposes. It is not legal advice and does not replace a reading of your contract by a qualified professional.
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