When should I receive payment?

The date by which you are entitled to be paid is the “due date for payment”.

If the contract provides a date or period for payment of claims, then you are entitled to be paid by then.

If the contracts does not provide due dates for payment, then you are entitled to be paid 10 business days after you serve the payment claim on the respondent.

If you are not paid by the due date, you have a right to interest at the greater of the rate, if any, in the contract or the rate on Supreme Court judgements. That rate changes from time to time, but is usually around 10% per annum.

A “business day” under the Act is any day other than a Saturday, Sunday, public holiday and the days between Christmas and New Year.

How long do I have to wait for a response?

If the respondent is not willing to pay all that you have claimed, they have a maximum of 10 business days after you have submitted your claim to give you a payment schedule. This has to be a written statement of the amount that the respondent is willing to pay and the reasons for not paying any part of your claim.

If the respondent fails to serve you with a payment schedule before the end of that time, the Act requires the respondent to pay the whole amount of the payment claim.

What do I do if I get no response?

If by the 10th day after you have issued a claim, you do not receive a payment schedule from the respondent or no payment, you have the option of taking action in court, or using the adjudication process to recover monies due to you.

If you propose to use adjudication, you must notify the respondent of this within 20 days of the payment schedule being due (that is, within 30 days of your issuing the claim). The respondent must be given a period of 5 days within which to furnish a payment schedule to you. You may then make an application for adjudication (refer to the Applying for Adjudication section). You may also suspend work if not paid within 2 days of the notice to suspend.

What can I do if I disagree with a payment schedule?

If you receive a schedule that you disagree with, you may apply for adjudication (refer to the Applying for Adjudication section) within 10 days of receiving the schedule