VIC: Payment Schedule Served - Claimant NOT Paid

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 10 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 3 business days 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 Victorian flowchart "Claimant may suspend work on giving 3 business days notice".

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