A payment claim is just that, that is, a claim for your payment for the work you have carried out. The payment claim must comply with the requirements of the Act in order to take action under the Act. For instance it must be served on or after an appropriate date, may require an endorsement that it is made under the Act (depending on your contract), may require supporting statements, and must be served in accordance with the Act. All of these requirements are essential and the claim may fail if they are not complied with.
A payment schedule is essentially a response to your invoice and in most cases will nominate a proposed payment sum. It must also comply with the requirements of the Act. For instance, it must be made within an appropriate time period (10 business days) and contain specific details, otherwise it is invalid. The paradox is that if you attempt to adjudicate based on invalid payment schedule, your claim may fail. Additional steps must be taken to “force” a proper payment schedule from the respondent, such as serving a second chance notice, which again must be done at the appropriate time.
Applying for Adjudication
So, you have decided to adjudicate? We may assist you in preparing a professional adjudication application. We will make sure the adjudication application is of the highest standard and will give you the best possible outcome. Again, there are very strict time frames which must be complied with.