Like the previous page, this will illustrate the timing requirements for responding to a Payment Claim (Claim) you dispute. There are less to comply with so this page will deal with some other things to consider.
At most, you have 15 business days from being served the Claim to provide your Payment Schedule (Schedule) setting out what you believe should be paid on the Claim and in what amount, and if less than what is claimed, EVERY reason why the amount has been reduced.
This might include reasons such as:
- deficiency in the works;
- inflated costs for things that were already incorporated into the initial price;
- a failure to serve a proper payment claim;
- a failure to serve a payment claim on the right day; and
- recalculations of what is the proper amount owing for certain items.
The larger the disputed amount, the more important it is to make sure that the payment schedule is carefully prepared to provide you with the most “tools at your disposal” when the Claimant likely takes the dispute to an adjudication. While you can in some states like Victoria, which kicks off a last stage of responses by the Claimant, in SA you cannot include extra reasons you did not put in your Schedule.
Even if you believe the Claim is entirely invalid, always serve a Schedule, otherwise you can lose your chance to respond in any adjudication.