Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition
Interim payment definition

What does Interim payment mean? An interim payment is a court order requiring a defendant (or defender in Scotland) to pay a sum on account before final judgment. It does not cover legal costs. In England and Wales, the procedure is defined in CPR Part 25: the court may order an interim payment on account of any damages, debt or other sum (excluding costs) which it may hold the defendant liable to pay. The amount must be a reasonable proportion of the likely final award and is credited against the judgment; any overpayment can be repaid or secured. Scotland, Northern Ireland and Ireland recognise similar remedies through...

Read More Right Arrow

Interim payment regimes in UK construction contracts under the HGCRA 1996: mechanisms, notices, JCT/NEC approaches and key case law

Practice notes
imgtext

This Practice Note sets out a concise overview of Interim payments, describing what they are, when the entitlement to be paid (most often through monthly instalments or stage/milestone sums) arises, and the contractual routes for securing interim payment. It further considers the need to ensure that any interim payment machinery complies with the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), and explores how the payment regime is addressed in standard forms such as JCT and NEC contracts. See also Practice Note: .

For a list of leading cases on the HGCRA 1996 payment provisions, see Practice Note: HGCRA 1996 payment provisions—key cases. In relation to the JCT and NEC suites, see also Practice Notes: JCT contracts—price and payment and NEC contracts—price and payment.

What is an interim payment?

Construction projects can involve many millions of pounds, with programme periods extending over many months and years. Very few contractors could carry out undertakings of this scale if they had to await payment until all works were completed. As a general principle, where a construction contract requires delivery of a specific item, it is usually accepted that only full performance will satisfy and discharge the contractor’s obligations...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Web page updated on 21/05/2026

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow