Vic Schedule Served - Claimant NOT Paid

Despite the claimant accepting the schedule, the respondent may fail to pay/release the scheduled amount by the due date.

The due date is the date on which a payment claim and/or performance security claim becomes due for payment/release either in accordance with the terms of the contract (but only if it is less than 20 business days after the payment claim is served) or, if there is no such valid provision, 10 business days after the earliest day on which a claim may be made pursuant to the Act.

In such circumstances, the claimant can:

• Prepare and lodge an adjudication application with Adjudicate Today for adjudication 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 notice of intention to suspend work.

Why go to adjudication?

The process is simple, quick and cost effective. The adjudicator must make the determination within 10 business days (unless the parties agree to an extension of time) from when the adjudicator notifies the parties of acceptance of the adjudication application or from the latest day on which the respondent may lodge an adjudication response.

After adjudication, and if the respondent does not pay or release any determined amount by the relevant date, the claimant takes the adjudication certificate (available on application to Adjudicate Today) to the appropriate court and registers it as a judgment debt.

How and when can I lodge an Adjudication Application?

If the claimant is within the correct timeframe to prepare and lodge an adjudication application, there are important details for the claimant to consider regarding preparation and lodgement of the application.

Flowchart