Unpaid construction invoice advice

Know where you stand before you send another chasing email, start adjudication or take legal action.

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You have done the work, but the money has not come in. The other side may be delaying payment, disputing the invoice, raising defects, arguing over variations or saying the contract does not support your claim.

My Commercial Lawyers helps contractors, subcontractors, architects, consultants and construction professionals review the facts, contract and evidence before deciding the next step.

Share the issue, invoice, contract and key facts so the team can review whether this is something they can help with.

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Is this the right page for you?

This page is for you if you are dealing with an unpaid invoice linked to construction work.

You may be a:

Contractor

Subcontractor

Architect

Developer

Consultant

Construction business owner

Supplier linked to a construction project

Construction professional

You may be dealing with:

difference between civil and commercial disputes

You may be thinking:

“We’ve done the work, but we haven’t been paid.”

“The job is finished, but we are still carrying the cost.”

“They keep saying they are reviewing the account.”

“Is it worth taking legal action?”

“I need clear advice before this costs us more.”

If chasing has not worked, the next step should be based on the contract, evidence and commercial value of the dispute.

An unpaid construction invoice is not always simple debt recovery

Some unpaid invoices are straightforward.

Many construction payment disputes are not.

The other side may say:

That is why unpaid construction invoices need careful review.

Before you spend money on a letter, adjudication or court action, you need to understand:

You do not need to guess.

You need to know where you stand.

Construction Contracts 3

How we help with unpaid construction invoices

My Commercial Lawyers starts with the facts, contract and evidence.

The aim is to help you understand whether the unpaid invoice can be pursued, what route may fit and what the next instruction may involve.

1. Clarify the payment issue

The team reviews what has been invoiced, what remains unpaid and what the other side has said.

This may include stage payments, final accounts, retentions, variations or professional fees.

2. Review the contract and payment terms

The contract may affect when payment is due, what notices were needed and what steps are available.

This may include JCT, FIDIC, NEC or other construction contract terms.

3. Check the evidence

The team reviews the documents that support your position.

This may include invoices, payment applications, emails, site records, valuation documents, photographs, notices and evidence of completed work.

4. Review the possible routes

The right route depends on the facts.

Possible next steps may include:

  • A formal payment demand
  • Negotiation
  • A letter of claim
  • Construction adjudication
  • Litigation
  • Settlement discussions
  • Another route based on the dispute

Adjudication may help in some unpaid construction invoice disputes, but it is not right for every matter.

5. Make the next step clear

If the matter is suitable, the next instruction is scoped before work begins.

You should know what work will be carried out, what the fee is and what the expected timeline is for that instruction.

Unpaid construction invoice issues we can review

Unpaid invoices for completed work

If the work has been completed but payment has not arrived, the first step is to review the contract, invoice, payment terms and evidence.

Delayed stage payments

If stage payments have been delayed or ignored, the contract and payment process should be checked before action is taken.

Disputed final accounts

Final account disputes can involve valuations, variations, deductions, defects, delays and incomplete records.

My Commercial Lawyers can help review what the documents show.

Retention disputes

If retention is being withheld, the contract should be reviewed to check when release is due and whether the other side has grounds to withhold payment.

Unpaid variations

Variation disputes often turn on what was agreed, what was recorded and what the contract requires.

The evidence should be reviewed before a claim is pursued.

Pay less notice disputes

If the other side relies on a pay less notice, the timing, content and contract terms may matter.

Payment notice issues

If payment applications, notices or deadlines are disputed, the contract and correspondence need to be checked carefully.

Architect and consultant fee disputes

Construction professionals may face unpaid fees where services have been delivered but payment is delayed or disputed.

Adjudication for unpaid invoices

Adjudication can be a fast route for some construction payment disputes. The first step is to check whether it fits the contract, facts, value and evidence.

Litigation where suitable

Where adjudication is not suitable or where enforcement is needed, litigation may be considered where suitable.

Know the scope, fee and timeline before each instruction begins

My Commercial Lawyers works on a fixed fee instruction basis.

An unpaid construction invoice matter may involve more than one instruction. For example, one case may include several separate stages, such as reviewing the contract, advising on the payment position, preparing a formal response, starting adjudication or taking litigation steps where suitable.

Each instruction is scoped before it begins.

This means you know:

What work will be carried out

What the fee is for that instruction

What the expected timeline is

What is included

What is not included

What may need a separate instruction later

This helps keep the process clear and reduces the risk of confusion about fees, scope or timing.

The aim is clear advice, clear scope and practical next steps before you spend money on the wrong action.

03 Rising Material Costs timber

Clear advice before you spend more money

When an invoice is unpaid, it can feel natural to send another chasing email or threaten action.

But the next step should match the contract and evidence.

My Commercial Lawyers helps you understand:

The goal is not to make every unpaid invoice formal.

The goal is to help you take the right next step.

My Commercial Lawyers is authorised and regulated by the Bar Standards Board.

What Happens After You Enquire

Share the invoice, contract and key facts

You do not need to know the legal route before you enquire.

Start by sharing what has happened.

1. Complete the website form

Tell the team about the unpaid invoice, who owes the money and what has happened so far.

2. Join your Trello matter board

After submitting the form, follow the instructions to download Trello and join your matter board.

This gives the team one place to collect the key facts, documents and updates.

3. Upload the key documents

Share the contract, invoice, payment applications, emails, notices and any evidence of completed work.

4. Suitability is reviewed

The team reviews the facts, contract and evidence to check whether this is something they can help with.

5. The next step is confirmed

If the matter is suitable, the next step, fixed fee instruction, client care letter and invoice are arranged before work begins.

You can find out whether your matter fits before committing to the next step.

Unpaid construction invoice FAQs

What should I do if a construction invoice has not been paid?

Start by gathering the contract, invoice, payment terms, emails and evidence of completed work.

The right next step depends on the contract, value, evidence and what the other side has said.

Sometimes. But many unpaid construction invoices become wider construction disputes.

The other side may raise delay, defects, variations, payment notices or contract issues. That is why the contract and evidence should be reviewed first.

Adjudication may help in some construction payment disputes, but it is not right for every matter.

The contract, facts, value and evidence should be checked before deciding.

Defect allegations should be reviewed against the contract, evidence and project records.

Do not assume the allegation means the invoice cannot be pursued.

The contract should be reviewed to check when retention is due for release and whether the other side has grounds to withhold it.

Yes. My Commercial Lawyers may be able to help architects, consultants and construction professionals with unpaid fees where there is a clear commercial reason to proceed.

A formal payment demand or letter may be an option, but the right step depends on the contract, evidence and dispute position.

Yes. If emails, calls and reminders have not worked, the next step may need to be based on the contract and evidence.

Each instruction is scoped before it begins.

You are told what work will be carried out, what the fee is and what the expected timeline is for that instruction.

A case may involve several separate instructions.

You will be asked to follow the instructions to join your Trello matter board.
This helps the team collect the facts, contract and evidence in one place before suitability and the next step are reviewed.

Contact Our Barristers & Solicitors​

Get in touch with our team for trusted legal advice and support.

Whether you are facing a construction dispute, dealing with regulatory prosecution, or require expert advice on compliance issues, we are here to provide clear, strategic legal support.

EMail

reception@mycommerciallawyers.com

Phone

+44 (0) 208 087 4177

Office Address

7 Bell Yard, London, WC2A 2JR

Don’t wait—secure the legal support you need today!

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