Failure to serve the payment schedule within time has the serious consequence of denying the respondent the opportunity to make any submissions (the adjudication response) to the adjudicator. Often, but not always, an adjudicator confronted with no submissions from the respondent may determine that the claimant is entitled to the full amount claimed.
The claimant has fulfilled the pre-adjudication notification requirements of the Act and may prepare the adjudication application.
Secure in the knowledge that the respondent is being effectively punished by the Act for not providing written responses to the payment claim, the claimant still needs to satisfy the adjudicator of certain key components in any claim, including:
- The payment claim and s17.2 notice was served on the respondent's normal place of business or otherwise as specified in any contract and within the time specifications of the Act;
- There was a construction contract in existence between the parties for work in the State of New South Wales;
- Work was performed under the contract which remains unpaid:
- The rate at which the work is to be remunerated and how the total amount claimed is calculated.
Please move to the next step on the "Payment Schedule NOT served flowchart" being "Claimant has 10 business days after the 5 business days from receipt of s17.2 notice has expired to prepare and serve an Adjudication Application".
Payment Schedule NOT Served flowchart
or
Scrap the chart, go to the next step
