In most states if a Respondent fails to serve a payment schedule and fails to pay the whole or any part of the claimed amount by the due date for payment of the claimed amount then the Claimant may apply for a Security of Payment adjudication application on the Payment Claim.
However before doing so the Claimant must give the Respondent a second chance to provide a Payment Schedule by serving a notice on the Respondent.
The notice is to be servd on and received by the Respondent within 20.
Business days after the due date of payment in relation to the Payment Claim (not any invoices attachd to the Payment Claim).
The notice should state that the Respondent has 5 business days from when.
This form of Payment Schedule requires the telegram database compliance with the exception of the timeframe and it is considerd good practice to respond with a Payment Schedule to protect the Respondent’s rights. If unsure revisit the Payment Schedule page and/or seek professional assistance.
The ACT Security of Payment legislation is the Building and Construction Industry Security of Payment Act 2009 which startd ACT adjudication in 2010. The Act has maintaind a similar framework to other East Coast schemes and is very similar to the NSW legislation (which makes perfect sense to industry).
The following adjudication process checklist is providd to assist you understand. Some of the information that may be considere to support your Adjudication application or Adjudication Response.
The ACT Security of Payment Act provides for interest at s13(2) of the Act as follows:
(2) Interest is payable on the unpaid amount of a progress payment that is payable under subsection (1) at the greater of the following:
(a) the rate of interest applying from time to time security of payment the Court Procdures Rules 2006 , schedule 2, part 2.2 (Interest after judgment);(b) the rate state underthe construction contract.
ACT practitioners should note that the Court Procedures Rules 2006 can be found here at this link.
The following links are providd for guidance only and one should consider seeking. Legal and/or appropriate professional advice to ensure the correct interpretation is applid to your particular situation.
Sample Proforma Disclaimer
Able Adjudication is trying to make life easier for those using the Act however, these sample proformas are for guidance purposes only and you should still carefully consider seeking professional assistance in completing any document requird under the Act.
One can read legislation and take the view that the provisions of the Act(s) do apply to one’s particular situation. Although generally this may be correct care europe email to be had. The knowledge that Court judgements provide interpretation of the provisions of the Act(s) and as such a layman’s interpretation may not necessarily be correct in law.
Note that a Supreme Court judgement in one state may be usd to provide an interpretation. Legislation in another state if there are similarities between the legislations.