Vic Claimant Prepares s18(2) and/or s18A(2)

What is the s 18A(2) and/or s 18A(2) Notice?

If:

• the respondent has not provided the schedule within 10 business days of being served with a payment claim and/or performance security claim; and
• the respondent failed to pay and/or release the claimed amount by the due date; and
• the claimant wishes to adjudicate the payment claim;

the respondent must be given a second opportunity to serve the payment schedule. The notification of the second opportunity is made under s 18(2) of the Act.

When must the s 18A(2) and/or s 18A(2) Notice be served?

To provide the notice:

• The claimant must notify the respondent within 10 business days after the due date for payment of a payment claim and/or due date for release of a payment schedule that they will be proceeding to adjudication if the full amount claimed is not paid.
• The intent of the notice is to give the respondent a written notice that they have a further 5 business days to provide a schedule and that if the payment schedule is not received, the respondent is prevented by the Act from lodging an adjudication response in subsequent adjudication proceedings.

A template of the notice is available at Section 18(2) and Section 18A(2) Notice Template.

How is the s 18A(2) and/or s 18A(2) Notice served?

The notices must be served. Click here for important information on Service.

Claimants are strongly advised to keep a record of the time, date and manner of service on the respondent. A respondent may deny receipt of the s 18A(2) and/or s 18A(2) notice in which case the claimant must be able to evidence the date of service.

What happens next?

1. If the respondent does not serve a schedule within 5 business days – the claimant may proceed to adjudication.
   
   The claimant has 5 business days from expiry of the 5 business days set out in the notice to prepare an adjudication application and lodge the application with Adjudicate Today.
2. If the Claimant receives a schedule in reply within 5 business days –
   1. If the claimant (i) disagrees with the scheduled amount; or (ii) full payment of the scheduled amount is not made by the due date, then the claimant may proceed to adjudication.
      
      The claimant has 5 business days from expiry of the 5 business days set out in the notice to prepare an adjudication application and lodge the application with Adjudicate Today.
   2. If the respondent makes full payment of the claimed amount and/or releases the performance security, the process under the Act is complete.

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