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The respondent’s statutory obligation is to pay any adjudicated amount. This can’t be varied by inconsistent contract provisions.

If the respondent fails to pay the whole or any part of the adjudicated amount by the relevant date, the claimant may:

  • Ask Adjudicate Today to provide an adjudication certificate; and/or

  • Suspend future work or the supply of goods or services by giving 2 business days notice of such intention.

The "relevant date" is 5 business days after the respondent receives the adjudication decision, or such later date as the adjudicator may determine.

The adjudication certificate is the culmination of the adjudication process.  It is the method by which the claimant enforces the determination, including payment of any interest and adjudication fees.  Most adjudicators will award interest to successful claimants and also determine that the adjudication fees (either in whole or part) should be paid by the respondent.

The claimant can file the adjudication certificate in the appropriate court as a judgement debt.  The claimant must support the certificate with an affidavit stating that the whole or a part of the adjudicated amount (including interest and adjudication fees) has not been paid at the time the certificate is filed.  The judgement debt is then enforceable in the same way as any court judgement, without time consuming and often expensive court hearings of the matters in dispute.

Please move to the next step on the "Payment Schedule NOT served flowchart" being "Claimant may suspend work on giving 2 business days notice".

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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