NEC ECS: The Contractor is paying 3 months late and not issuing a pay less notice

Under option A we have £120K per week of CEs because the Contractor has not provided the design. The Contractor is paying 3 months late and not issueing a pay less notice. I want to get more contractual and refer to the correct act, i.e. the housing, grants regeneration act etc.

Is it correct that if the Contractor does not respond correctly he has to pay the full value of the application?