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The contract says nothing about when we get paid

Where the terms are silent the Act fills the gap, and the dates we have been working to are not the dates we are bound by.

01The contract arrives
02The terms read
03The clauses negotiated
04Signature
05Passed down the chain
You are here: Silence doesn't mean no terms; it means someone else's.

What's happening?

A contract that never states the payment cycle hasn't left the question open. Construction contracts get the Construction Act's default machinery where their own is missing or non-compliant, and those implied terms come with their own dates and notice windows. The cycle the parties have actually been working to - agreed by habit and email - may match none of it.

The gap stays harmless while everyone keeps getting paid. It stops being harmless the first time money is short: rights turn on the contractual dates, not the habitual ones, and neither side can say with confidence what those dates are. A review establishes which machinery actually applies and writes the calendar down - and where what's implied and what's practised have drifted apart, that is a conversation to have while relations are still good.

The solution

The real dates established before they're tested.