Victorian Consolidated Legislation

Building and Construction Industry Security of Payment Act 2002 - SECT 28O

Consequences of respondent not paying adjudicated amount

28O. Consequences of respondent not paying adjudicated amount



(1) If the respondent fails to pay the whole or any part of an adjudicated
amount in accordance with section 28M or 28N, the claimant may-

   (a)  request the authorised nominating authority to whom the adjudication
        application or the adjudication review application was made to provide
        an adjudication certificate under section 28Q; and

   (b)  serve notice on the respondent of the claimant's intention-

   (i)  to suspend carrying out construction work under the construction
        contract; or

   (ii) 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 section
28O(1) of this Act.

(3) A notice cannot be served under subsection (1) in respect of a failure to
pay the whole or any part of an adjudicated amount in accordance with section
28M until after the end of the period allowed for making an adjudication
review application under section 28D.

(4) If the claimant has made an adjudication review application in respect of
any part of the adjudicated amount, the claimant may not give a notice under
subsection (1)(b) in respect of a failure to pay that adjudicated amount in
accordance with section 28M until that adjudication review is completed.

(5) In this section adjudicated amount includes any amount payable by the
respondent under a review determination.