NSW: Claimant NOT Paid
By law, the respondent must pay any adjudicated amount. This cannot be varied by inconsistent contract provisions.
The respondent is required to pay the unpaid portion of the adjudicated amount within 5 business days after the respondent receives the adjudication decision, or such latter date as the adjudicator may determine.
Where the respondent fails to pay the adjudicated amount in time, the claimant can:
- suspend future work or the supply of goods or services by giving 2 business days' notice of such intention; and/or
- commence enforcement action by requesting Adjudicate Today to issue an adjudication certificate. The certificates states the amount of the progress payment determined by the adjudicator, the amount of any interest and the amount of adjudication fees owing at the date of the certificate.
Please move to the next step on the flowchart being "Claimant may suspend work on giving 2 business days' notice".