Received Partial Payment? How to Claim the Balance
Partial payment is one of the most frustrating payment disputes in construction. The head contractor pays part of your invoice — enough to keep you quiet but not enough to cover what you’re owed. Sometimes it’s a deliberate tactic. Sometimes it reflects a genuine dispute about part of the invoice. Either way, you’re legally entitled to the full amount you claimed, and Security of Payment laws give you the tools to recover the balance.
Why Do Head Contractors Make Partial Payments?
- Cash flow management: They can only afford part of your invoice right now and hope you’ll wait for the rest
- Dispute tactics: Paying part of the invoice creates a legal complication — they may argue you’ve accepted partial payment in settlement
- Genuine dispute about part of the claim: They accept some items but dispute a variation or quantity
- Retention deductions: They’ve paid the invoice minus the retention percentage
- Alleged set-off: They claim they’re deducting amounts for alleged defects or liquidated damages
Does Accepting Partial Payment Affect Your Rights?
This is a critical question. In most cases, accepting a partial payment does not mean you’ve agreed to accept that amount in full settlement — unless you’ve signed a document to that effect. Cashing a cheque marked “payment in full” can be problematic, but simply accepting a bank transfer of a partial amount generally does not extinguish your right to claim the balance.
However, every situation is different. If you’ve received a partial payment and the head contractor is claiming it’s a settlement of the full invoice, speak to PayClaim before taking any further action.
How to Claim the Balance Under the SOP Act
- Serve a new payment claim: You can serve a payment claim for the balance of your original invoice — the unpaid portion — as a new claim on a new reference date
- The head contractor must respond: They have 10–15 business days to issue a payment schedule responding to your balance claim
- Adjudication if disputed: If they dispute the balance, you can take it to adjudication
Partial payment doesn’t close the door on recovering the rest. It just changes the approach slightly.
How PayClaim Helps You Recover the Balance
- Start your claim: Tell us about the original invoice, the partial payment received, and the balance outstanding.
- We advise on your position: Our team reviews your specific situation and advises on the best strategy to recover the balance.
- Payment claim for the balance: We prepare and serve a compliant payment claim for the outstanding amount.
- Adjudication if needed: We manage the full adjudication process if the balance is disputed.
Flat fee. No lawyers. Most balance claims resolved in 10–20 business days.
Don’t Accept Less Than You’re Owed
A partial payment is not a full payment. You’ve earned the full amount and you’re entitled to collect it. Start your claim with PayClaim today and recover the balance you’re owed.