Vic: 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 later 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 3 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 and the amount of adjudication fees owing at the date of the certificate.

Once the claimant has presented the adjudication certificate to the court and converted the certificate to a judgment for the adjudicated amount (or part of the amount if some already paid) as a debt in a court of competent jurisdiction, the claimant may obtain payment of the adjudicated amount, or part of that amount, out of money that is payable or becomes payable to the respondent by some other person (the principal) for construction work or goods and services that the principal engaged the respondent to carry out or supply under a contract. However, the claimant can only obtain payment from the principal if the construction work carried out or the goods and services supplied by the claimant to or for the respondent under the construction contract are, or are part of or incidental to, the construction work or goods and services that the principal engaged the respondent to carry out or supply.

Please move to the next step on the flowchart being "Claimant may suspend work on giving 3 business days notice".

Or

Take me directly to information on how to enforce the adjudication determination.