Where a head contractor or principal has failed to pay a determination by the determined date, a contractor may give a minimum of 3 business days notice that they intend to suspend work.

The notice must be in writing and include the date on which the contractor intends to suspend work.

Regardless of anything in the contract, the applicant is not liable for any loss or expense suffered by the respondent as a consequence of a suspension of work under the Act. If in response to a suspension the respondent removes any work from the applicant's contract, the respondent is liable for any loss and expense suffered by the applicant as a result of the respondent's action.

The notice may take the form:

"You have failed to pay the amount due under the Construction Contracts Act 2004 in respect of my payment claim served on you on [date]......... and the determination of the adjudicator [date .....]. Take notice that pursuant to my right under section 42 of the Act, I will suspend work at the expiration of three business days or on [date]......whichever last occurs unless, in the meantime, the amount due is paid in full."

Once the applicant has been paid the amount due, work must resume.

Payment for the loss and expense can be pursued through adjudication like any other due payments.

Please move to the next step on the WA flowchart being "Applicant applies for and obtains a copy of the Adjudication Determination certified by the Building Commission and prepares affidavit of amount not paid."

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