Payment notice checks need a place in the daily job routine. The Avanton judgment handed down on 15 October 2026 shows why a notice dispute can have an immediate effect on cash. Do not leave the dates and records until a payment is already late.
What the court decided
In Avanton Capital CC Ltd v LUC Construction Ltd, the Technology and Construction Court entered judgment for £1,603,500.25 plus interest and adjudicator’s fees of £13,742. It refused a stay of execution.
The underlying award concerned a notified sum where a valid payment or pay less notice had not been served. The court examined the evidence about repayment risk and the request to delay enforcement. It did not treat a bare claim of an inability to pay as enough.
Read the full Avanton judgment, [2026] EWHC 2630 (TCC), particularly its conclusions. This is a summary of that case, not a finding about any other project.
Start payment notice checks with the contract
First, put the signed subcontract and its amendments beside the payment schedule. Identify the application date, due date and final date for payment. Then check who must issue each notice, its required content and the method of service.
Do not copy dates from another job. Also, do not assume that the date of your invoice starts the whole payment process. Use the actual contract terms and seek advice if the wording or legal position is unclear.
Keep the evidence in one place
Next, link each application to the work, measures and change records behind the sum. Keep a copy of what you issued. Record when, how and to whom you sent it, with the proof available from that route.
When a notice arrives, retain the full document and the delivery record. Note the amount, basis and date. However, a diary entry alone does not prove that a notice is valid or that it reached the right person.
Turn payment notice checks into action
Give one person responsibility for the next date and a second person a clear review task. Review the register before the deadline. If a document is missing or late, raise it promptly rather than waiting for the next monthly meeting.
Our payment date calculator helps you set out dates using the periods you enter. Check the result against your own terms. You can also preview the notice and deadline register in our free QS template library.
Next step: review the next application, notice dates and proof of service together. For support with a live issue, speak to The Subbie QS. This is general information. A live payment or enforcement dispute needs advice on its own facts and contract.