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If after 10 business days of being served with a payment claim, the respondent has NOT provided the claimant with a payment schedule and has failed to pay the claimed amount by the due date, the respondent becomes liable to pay the claimed amount. 

The claimant may now decide from three possibilities. Thinker

        1. Exercise the right to give notice of optional adjudication;

          or

        2. Make application to the court;

          and / or may

        3. Suspend work on giving 2 business days notice.


Exercise the right to give notice of optional adjudication

Most claimants will chose this avenue as it avoids the risk of lengthy and protracted litigation.

Click: Why choose adjudication Why choose adjudication


Make application to the court

Failure to provide a payment schedule creates a statutory debt for the claimed amount which the claimant is entitled to recover independently of and irrespective of the terms of the construction contract. 

Click: Why choose litigation Why choose litigation


Suspend work on giving 2 business days notice

Regardless of whether the clamant chooses adjudication or litigation, there is a statutory right to suspend work on giving 2 business days notice.

Click: Right to suspend work Right to suspend work


Please move to the next step on the "Payment Schedule NOT served flowchart" being "Claimant chooses Adjudication".

Click: Payment Schedule NOT Served flowchart Payment Schedule NOT Served flowchart

or

Click: Scrap the chart, go to the next step Scrap the chart, go to the next step

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