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Supply contract: Contract terms (60d max) or 30d after invoice (claim) is served
Construction contract: 1 Contract terms (21d max) or 7d after claim is served Stipulated date for payment response
No payment response
No
Yes
No
Dispute settlement period 7d Construction contract: 1 Contract terms (35d max) or 14d after stipulated date for payment response or tax invoice (if applicable) is provided
Yes
Construction contract: Contract terms (35d max) 1 or 14d after stipulated date for payment response or tax invoice (if applicable) is provided
Yes
No
Claimant issues notice of intention to apply for adjudication Claimant applies to ANB for adjudication. ANB copies to 2 respondent
No
Respondent receives copy of adjudication application 7d (max) Respondent serves adjudication response to ANB. 2 ANB copies to claimant
Yes
7d (max) ANB appoints adjudicator and confirms appointment 2 with all parties
Adjudicated amount due date 7d (max) after adjudication determination Does respondent want to apply 3 for review ? Yes Has adjudicated amount been paid?
7d (max) ANB appoints adjudicator(s) and confirms appointment 14d (max) Review 2 determination 7d after review determination Adjudicated amount due date
No
No
Yes
No
Yes 7d after suspension notice Claimant suspends work / service Notes: i) ANB ii) iii) iv) v) vi) d max
1 2 3
Respondent makes payment to the claimant 3d (max) Claimant resumes work / service if he has suspended
Authorised Nominating Body Calendar days (excluding official public holidays) Maximum allowable period Default days if not stated in contract Principal (if known) and owner to be notified Respondent may apply for adjudication review only if the difference between the response amount and adjudicated amount is large. Other consequences of non-payment of adjudicated amount under the Act include the claimants right to exercise lien and the enforcement of adjudication determination as a judgment debt.
vii)
* Important: The flowchart does not cover all situations and details of the Security of Payment Act. For full appreciation of the rights and obligations, please consult the Act or obtain legal advice.