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BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999 - SECT 24
Consequences of not paying claimant adjudicated amount
(1) If the respondent fails to pay the whole or any part of the
adjudicated amount to the claimant in accordance with section 23, the claimant
may-- (a) request the authorised nominating authority to whom the
adjudication application was made to provide an adjudication certificate under
this section, and
(b) serve notice on the respondent of the claimant's
intention to suspend carrying out construction work (or to suspend supplying
related goods and services) under the construction contract.
(2) A notice
under subsection (1)(b) must state that it is made under this Act.
(3) An
adjudication certificate must state that it is made under this Act and specify
the following matters-- (a) the name of the claimant,
(b) the name of the
respondent who is liable to pay the adjudicated amount,
(c) the
adjudicated amount,
(d) the date on which payment of the adjudicated amount
was due to be paid to the claimant.
(4) If any amount of interest that is due
and payable on the adjudicated amount is not paid by the respondent, the
claimant may request the authorised nominating authority to specify the amount
of interest payable in the adjudication certificate. If it is specified in the
adjudication certificate, any such amount is to be added to (and becomes part
of) the adjudicated amount.
(5) If the claimant has paid the respondent's
share of the adjudication fees in relation to the adjudication but has not
been reimbursed by the respondent for that amount (the
"unpaid share" ), the claimant may request the authorised nominating authority
to specify the unpaid share in the adjudication certificate. If it is
specified in the adjudication certificate, any such unpaid share is to be
added to (and becomes part of) the adjudicated amount.
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