Vic Respondent Serves Schedule after receipt of s18(2) or s18A(2) Notice

If the respondent provides the payment schedule and/or performance security schedule following receipt of the s 18(2) or s 18A(2) notice and within 5 business days of receipt of the notification and the claimant accepts and receives the full claimed amount, the process under the Act is complete.

Otherwise, if the claimant:

• disagrees with the scheduled amount; or
• the full scheduled amount is not paid and/or released by the due date;

then the claimant may proceed to adjudication.

The adjudication application must be made within 5 business days from the date of expiry of the s 18(2) and/or s 18A(2) notice.*

*Note: herein lies a trap for many a claimant and their advisers.

1. If the respondent fails to pay and/or release the full scheduled amount by the due date, some claimants have assumed (wrongly) that they have 10 business days from the due date of payment to make their claim. However this is not what the Act provides. The adjudication application must be made within 5 business days from the date of expiry of the s 18(2) and/or s 18A(2) notice.
2. This means that an adjudication application made before the expiry of the s 18(2) and/or s 18A(2) notice but after the schedule is received is invalid and will need to be resubmitted after the s 18(2) and/or s 18A(2) notice expires at the end of the 5 business days.

Avoid pitfalls

Click here for a list of common reasons why respondents fail to succeed in adjudication.

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