Payment Claim CCA (Ireland) Checklist

Checklist: CCA 2013 Payment Compliance (Ireland)

Purpose: To help parties (Employers, Contractors, Subcontractors, Certifiers) involved in construction contracts subject to the Irish Construction Contracts Act 2013 verify compliance with key payment provisions.

Key Areas:

1. Contract Setup:

• Does the contract clearly define (or provide an adequate mechanism for determining):

  • The amount of interim and final payments?

  • The 'Payment Claim Date' for each amount due?

  • The period between the Payment Claim Date and the Payment Due Date?

• If the main contract lacks the above, are the default provisions in the CCA 2013 Schedule understood and applied?

• For subcontracts, do the payment terms meet or exceed the minimum requirements set out in the CCA 2013 Schedule?

• Does the contract avoid 'Pay-when-Paid' clauses (Note: Generally ineffective under CCA 2013 Section 3(5), except in specific insolvency scenarios)?

2. Executing Party (Party Claiming Payment): Payment Claim Notice (PCN) - Section 4

• Was the PCN delivered to the correct party/person specified in the contract?

• Was the PCN delivered no later than 5 days after the relevant Payment Claim Date?

• Does the PCN clearly specify:

  • The amount claimed (even if zero)?

  • The period, stage of work, or activity the claim relates to?

  • The subject matter of the claim?

  • The basis on which the amount claimed was calculated (attach breakdown)?

3. Paying Party: Response Notice - Section 4

• If contesting the amount claimed in the PCN: Was a written Response Notice delivered to the Executing Party?

• Was the Response Notice delivered no later than 21 days after the relevant Payment Claim Date?

• Does the Response Notice clearly specify:

  • The amount proposed to be paid?

  • The detailed reason(s) for the difference between the amount claimed and the amount proposed?

  • The basis on which the proposed payment amount is calculated?

  • If alleging breach of contract/loss/damage, specific particulars (what, when, how, value)?

• If NOT contesting: Is payment of the full amount claimed in the PCN scheduled for the Payment Due Date? (Note: Failure to issue a compliant Response Notice within 21 days significantly weakens the ability to withhold payment).

4. Payment & Suspension:

• Was the undisputed amount (as per PCN if no valid Response, or as per Response Notice) paid by the Payment Due Date?

• If payment NOT made by Due Date (Executing Party):

  • Have you considered your right to suspend work under Section 5?

  • Has written notice been prepared specifying grounds (non-payment)?

  • Will notice be delivered at least 7 days before intended suspension?

  • Will notice be delivered no earlier than the day after the payment was due?

  • Has a Notice of Intention to Adjudicate been served regarding this payment (Note: Suspension may not be permissible if adjudication commenced - Section 5(3)(b))?

5. Adjudication:

• Is either party aware of the right to refer any payment dispute to statutory adjudication under Section 6 at any time?

Disclaimer: This checklist is for general guidance only and is not a substitute for reading the Construction Contracts Act 2013 or obtaining professional legal/commercial advice. Compliance depends on the specific facts and contract terms.