Services

Payment process - payment claims & schedules

PAYMENT PROCESS

The Construction Contracts Act 2002 set out new processes for invoicing and dealing with disputes in relation to construction contracts.

Our team is familiar with the legislation and can provide specialist advice in relation to all aspects of constructions contracts.

Our litigation team is experienced in dealing with disputes stemming from construction projects as well as assisting with debt collection. It is often important to act quickly, particularly where invoices have gone unpaid so we recommend you contact us as soon as an issue arises.

Payment Claims

A valid payment claim properly served is a key way to ensure payment for construction work.

Where a valid payment claim has been issued, and no payment schedule received in response, a payer has limited ability to resist payment.

The Construction Contracts Act sets out a number of requirements for payment claims and it is important to comply with every one.

Payment Schedules

If a payment claim has been served upon you or your business and you dispute the amount claimed, the best approach is usually to dispute the claim in a payment schedule. Doing so will protect you from debt collection proceedings.

Like payment claims, payment schedules have to comply with the Act.

For assistance with the preparation of payment claims and schedules, please contact us.

Adjudication

The Construction Contracts Act 2002 sets out a process of adjudication unique to the construction contracts field.

The Adjudication process is commenced following the issue of a Notice of Adjudication. The process is fast and has tight timelines for parties to comply with.

Our litigation team can assist with the preparation of the Notice of Claim, preparation of evidence and representation of parties at a hearing.

Debt Collection

Where a valid payment claim is issued and no valid payment schedule received in response, the money claimed under the payment claim becomes a debt due.

In that situation, the payer cannot argue payment is not due. Debt collection can then be effected by way of statutory demand on a debtor company, or by the issue of Court proceedings. Please note there are risks involved in issuing a statutory demand or Court proceedings and it is important to speak to us before taking these steps.

In some situations, the payee (the party that issued the invoice) can stop work on the project or obtain a charging order over the debtor’s land. Please contact us if you would like more information about this.

Disputes as to Quality

Our team is experienced in representing clients at adjudication and before the Court in disputes relating to quality of workmanship.