WA: Applicant NOT Paid
Despite the applicant accepting the reduced amount proposed in the notice of dispute, the respondent may fail to pay the proposed amount by the due date for payment.
The applicant can:
- sue in court or commence any dispute resolution process permitted by the contract (not recommended as both expensive and lengthy); or
- apply in writing to Adjudicate Today for appointment of an adjudicator; and/or
- request in writing for Adjudicate Today to seek to facilitate agreement with the respondent for the appointment of a preferred adjudicator. If a party nominates an adjudicator and the other party refuses consent to that appointment that adjudicator will not be appointed; or
- seek the respondent's written agreement to the appointment of a preferred adjudicator. It may be that the contract requires, subject to the agreement of the adjudicator, appointment of a nominated adjudicator.
Seek to recover payment by giving notice of adjudication
Almost all applicants choose to go to adjudication as this avenue avoids the risk of lengthy and expensive litigation. Adjudication is a quick and informal process introduced by government to "keep the money flowing in the building and construction industry". It represents an alternative to the slow, expensive and difficult process of going to court. Adjudication was requested by many in the industry.
The right to make an adjudication application only arises after the due date for payment has passed. A common reason for an adjudication application not being properly made is that the applicant gives notice of adjudication either too early or too late because they have wrongly calculated the due date for payment.
The adjudication application may be for the full claimed amount regardless of whether the applicant was prepared to accept a lesser proposed amount. The adjudication application must be made within 90 business days of receiving the notice of dispute.
Please move to the next step on the WA flowchart " 'Applicant has 90 business days from receiving a Notice of Dispute to prepare and serve the Adjudication Application on the adjudicator (if one is agreed) or Adjudicate Today'".
