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Contents

Long Title

Part I PRELIMINARY

Part II RIGHTS TO PROGRESS PAYMENTS

Part III PAYMENT CLAIMS AND RESPONSES

Part IV ADJUDICATION OF PAYMENT CLAIM DISPUTES

Part V MEASURES TO ENFORCE PAYMENT OF ADJUDICATED AMOUNT

Part VI GENERAL PROVISIONS RELATING TO ADJUDICATION

Part VII MISCELLANEOUS

Legislative History

 
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On 22/05/2013, you requested for the version in force on 22/05/2013 incorporating all amendments published on or before 22/05/2013. The closest version currently available is that of 31/01/2006.
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Entitlement to make adjudication applications
12.
—(1)  Subject to subsection (2), a claimant who, in relation to a construction contract, fails to receive payment by the due date of the response amount which he has accepted is entitled to make an adjudication application under section 13 in relation to the relevant payment claim.
(2)  Where, in relation to a construction contract —
(a)
the claimant disputes a payment response provided by the respondent; or
(b)
the respondent fails to provide a payment response to the claimant by the date or within the period referred to in section 11(1),
the claimant is entitled to make an adjudication application under section 13 in relation to the relevant payment claim if, by the end of the dispute settlement period, the dispute is not settled or the respondent does not provide the payment response, as the case may be.
(3)  A claimant who has served a payment claim in relation to a supply contract is entitled to make an adjudication application under section 13 in relation to the payment claim if —
(a)
the claimant fails to receive payment by the due date of the claimed amount; or
(b)
the claimant disputes the response amount, where the response amount is less than the claimed amount.
(4)  During the dispute settlement period, in addition to any other action that the claimant or the respondent may take to settle the dispute —
(a)
the claimant or the respondent may seek clarification from the other party on any matter relating to the relevant payment claim; and
(b)
the respondent may provide the claimant with a payment response where he has failed to do so under section 11(1), or vary the payment response provided under that section.
(5)  In this section, “dispute settlement period”, in relation to a payment claim dispute, means the period of 7 days after the date on which or the period within which the payment response is required to be provided under section 11(1).