Scheme for Construction Contracts (UK) Explained

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The Scheme for Construction Contracts is the UK statutory fallback that fills the gaps in any construction contract that does not comply with the payment and adjudication rules of the Housing Grants, Construction and Regeneration Act 1996 (the Construction Act). It exists as the Scheme for Construction Contracts (England and Wales) Regulations 1998 (as amended in 2011), with equivalents in Scotland and Northern Ireland. It does two things. Part I implies a full right to adjudication: a party can refer a dispute at any time, an adjudicator is appointed within 7 days, and a binding decision follows within 28 days. Part II implies a default payment timetable: the due date is 7 days after the relevant period or the payee's claim, the final date for payment is 17 days after the due date, a payment notice is due within 5 days of the due date, and a pay less notice must be served at least 7 days before the final date for payment. Miss the pay less notice and the notified sum is payable in full. You cannot contract out of it.

Last updated: 1 June 2026. General information, not legal advice.

The Scheme for Construction Contracts is the UK statutory fallback that implies payment and adjudication terms into any construction contract that does not comply with the Construction Act 1996. Part I gives a right to adjudicate (decision within 28 days); Part II sets default payment dates (final date for payment 17 days after the due date) and notice rules. More detail + scope

Summary

The Scheme for Construction Contracts (England and Wales) Regulations 1998, as amended in 2011, is the statutory default implied into UK construction contracts that fail to meet the payment or adjudication requirements of the Housing Grants, Construction and Regeneration Act 1996. Part I implies the adjudication procedure: notice at any time, adjudicator appointed within 7 days, binding decision within 28 days (extendable 14 days by the referring party). Part II implies the payment timetable where the contract is silent: due date 7 days after the relevant period or the payee's claim, final date for payment 17 days after the due date, payment notice within 5 days of the due date, pay less notice at least 7 days before the final date for payment. If the payer fails to serve a valid pay less notice, the notified or claimed sum becomes payable in full. The Scheme cannot be excluded; parties may instead write their own compliant mechanism. Scotland and Northern Ireland have equivalent regimes. The Scheme establishes what is owed but advances no cash; invoice finance and Application for Payment funding bridge the gap while sums are recovered.

This page covers

Scheme for Construction Contracts UK: when it applies, default payment dates, payment and pay less notices, the right to adjudicate, devolved equivalents, interaction with construction finance

Not covered here

Specific contract drafting and legal advice (consult a construction solicitor), individual provider reviews (see /providers/), the wider construction finance hub (see /construction-finance/)

What the Scheme is and why it exists

The Construction Act 1996 requires every UK construction contract to contain an adequate mechanism for deciding what becomes payable and when, to give the right to suspend performance for non-payment, and to give the right to refer disputes to adjudication. Many contracts, especially short-form subcontracts, oral agreements and purchase orders, do not. The Scheme for Construction Contracts is the statute that supplies the missing terms so the Act's protections still apply. It is not optional and it is not a model form you choose: it is implied by law the moment a contract falls short.

The Scheme can apply in full or in part. If a subcontract has no written payment mechanism at all, almost the whole of Part II is implied. If a contract has a payment mechanism but, for example, no provision for pay less notices, then only that missing piece is filled. This is why disputes often turn on exactly which words the contract did and did not contain.

The Scheme's default payment timetable

StepScheme default (where contract is silent)
Due dateThe later of 7 days after the end of the relevant period, or the date the payee makes a claim
Payment notice (by payer)Not later than 5 days after the due date, stating the sum considered due and the basis for it
Pay less noticeNot later than 7 days before the final date for payment
Final date for payment17 days after the due date
If no valid pay less noticeThe notified sum (or the payee's claimed sum) becomes payable in full

That last line is the one that decides most cash-flow disputes. A late or invalid pay less notice means the payer owes the full amount the subcontractor claimed, regardless of the underlying valuation argument, at least until a later assessment or adjudication. See our pages on pay less notice handling and Application for Payment finance.

The Scheme's right to adjudicate

Part I of the Scheme implies the full adjudication procedure: a party may serve a notice of adjudication at any time, an adjudicator is appointed within 7 days, the dispute is referred, and the adjudicator must decide within 28 days of referral (the referring party can extend by 14 days; both parties can agree a longer period). The decision binds the parties until the dispute is finally settled by court, arbitration or agreement, and the courts enforce adjudicators' decisions robustly. For the step-by-step process on an unpaid Application for Payment, see construction adjudication for unpaid AfPs.

Where the Scheme stops and finance starts

The Scheme decides what you are owed and gives you a fast route to enforce it. It does not put money in your account: even a clean win on a pay less notice point still leaves you waiting for the 17-day final date for payment, or for an adjudicator's decision plus enforcement. Construction-aware invoice finance advances a percentage of the certified or notified sum now and lets the recovery play out behind it. Used together, the Scheme protects the entitlement and finance protects the cash flow. See adjudication vs invoice finance: when each makes sense.

More construction finance pages

OM

Oliver Mackman

Director, Market Invoice

Oliver leads Market Invoice's editorial and comparison research. With a background in UK commercial finance, he oversees provider analysis, rate verification, and industry reporting across all verticals.

Last reviewed: 1 June 2026

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Scheme for Construction Contracts FAQ

What is the Scheme for Construction Contracts?

The Scheme for Construction Contracts is the statutory set of default terms that is implied into any UK construction contract that does not comply with the payment and adjudication requirements of the Housing Grants, Construction and Regeneration Act 1996 (the Construction Act). It exists as the Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998/649), amended by SI 2011/2333, with a separate equivalent in Scotland. If your contract is silent on a payment mechanism, or its mechanism does not meet the Act, the relevant Scheme provisions apply automatically in place of the missing terms.

When does the Scheme apply to my contract?

The Scheme applies whenever a construction contract fails to deal with a matter the Construction Act requires it to deal with. It can apply in full (where there is effectively no written payment mechanism) or in part (where the contract covers some matters but not others, in which case only the missing terms are filled by the Scheme). Common triggers: no adequate mechanism for the date payment becomes due, no final date for payment, no provision for payment notices or pay less notices, or no right to adjudication.

What are the Scheme's default payment dates?

Under Part II of the Scheme, where the contract is silent: the due date for a payment is the later of 7 days after the end of the relevant period or the date the payee makes a claim. The final date for payment is 17 days after the due date. The payer must give a payment notice not later than 5 days after the due date specifying the sum considered due. If the payer wants to pay less than the notified sum, it must give a pay less notice not later than 7 days before the final date for payment. Miss the pay less notice and the notified (or claimed) sum becomes payable in full.

Does the Scheme give a right to adjudication?

Yes. Part I of the Scheme implies the full statutory adjudication procedure when the contract does not provide a compliant one. A party may give notice at any time of its intention to refer a dispute to adjudication, an adjudicator is appointed within 7 days, the dispute is referred, and the adjudicator must reach a decision within 28 days of referral (extendable by 14 days with the referring party's consent, or longer by agreement). The decision is binding until the dispute is finally determined by litigation, arbitration or agreement.

Does the Scheme apply in Scotland and Northern Ireland?

There are separate but equivalent regimes. England and Wales use the Scheme for Construction Contracts (England and Wales) Regulations 1998 as amended. Scotland has the Scheme for Construction Contracts (Scotland) Regulations 1998. Northern Ireland has its own equivalent regulations. The substance (default payment timetable plus the right to adjudicate) is materially the same across the UK.

Can a contract exclude the Scheme?

No. You cannot contract out of the Construction Act, and you cannot exclude the Scheme where the Act requires the Scheme's terms to be implied. Parties are free to write their own compliant payment and adjudication mechanism, which then governs instead of the Scheme. But a contract cannot remove the right to adjudicate, and it cannot avoid having compliant payment terms; if it tries, the Scheme simply fills the gap.

How does the Scheme interact with invoice finance for subcontractors?

The Scheme protects your right to be paid and to adjudicate, but it does not advance you any cash. Invoice finance and construction-specific Application for Payment funding advance you a percentage of the certified or notified sum now, rather than waiting out the Scheme's 17-day final date for payment or a 28-day adjudication. The two work together: use the Scheme (and a valid pay less notice argument) to establish what is owed, and use finance to bridge the cash gap while it is recovered.