Breyne Law payment instalments: schedule and control

The payment schedule is one of the most contested points in new construction. Here are the rules and good practices.

1. The principle: actual progress

Each payment instalment cannot exceed the value of works actually executed at the date of the fund call. See also Breyne Law down payments for initial caps.

2. The standard schedule

For a standard turnkey house build:

• Compromise: 5% maximum (initial deposit).
• Foundations + slab: 15% (cumulative 20%).
• Closed shell (load-bearing walls, roof): 35% (cumulative 55%).
• Watertight & wind-tight: 15% (cumulative 70%).
• Second fix (partitions, sanitary, electricity): 20% (cumulative 90%).
• Provisional reception: balance 10% (cumulative 100%).

The contract may adapt these thresholds, provided they remain correlated to progress.

3. Progress control

At each fund call, demand:

• Costed and detailed progress statement.
• Dated photos of executed works.
• Contradictory visit if possible (you + contractor).
• Validation by your architect if you have one.

Without these elements, refuse payment.

4. What to do in case of abuse

• Formal notice demanding contradictory progress statement.
• Independent expert visit to cost actual progress.
• Undue-payment recovery action if already overpaid.
• If recurrence: payment suspension + developer recourse.

Our Breyne Law advisory controls each instalment — total security.