Despite the claimant accepting the payment schedule, the respondent may fail to pay the scheduled amount by the due date for payment.
In such circumstances, the claimant can:
-
Apply in writing to Adjudicate Today for adjudication of the full claimed amount regardless of whether the claimant was prepared to accept a lesser scheduled amount. The adjudication application must be made to Adjudicate Today within 20 business days of the due date for payment.
or -
Sue in court or commence any dispute resolution process permitted by the construction contract.
and - Give notice of intention to suspend work.
One common reason given for not paying is " I was not paid and will pay you when I am paid". This excuse is illegal under the Act.
Please move to the next step on the NSW flowchart "Claimant may suspend work on giving 2 days notice".
Click here to go to the next step.
