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Failure to provide a payment schedule within 10 business days (20 business days for residential claims) creates a statutory debt which the claimant is entitled to recover upon demonstrating the work was performed under a valid contract between the parties.

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


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