15Consequences of not paying claimant where no payment schedule

#### 15 Consequences of not paying claimant where no payment schedule 15 Consequences of not paying claimant where no payment schedule > > (1) This section applies if the respondent— > > > > > (a) becomes liable to pay the claimed amount to the claimant under section 14(4) as a consequence of having failed to provide a payment schedule to the claimant within the time allowed by that section, and > > > > > (b) fails to pay the whole or any part of the claimed amount on or before the due date for the progress payment to which the payment claim relates. > > > (2) In those circumstances, the claimant— > > > > > (a) may— > > > > > > > (i) recover the unpaid portion of the claimed amount from the respondent, as a debt due to the claimant, in any court of competent jurisdiction, or > > > > > > > (ii) make an adjudication application under section 17(1)(b) in relation to the payment claim, and > > > > > (b) may serve notice on the respondent of the claimant’s intention to suspend carrying out construction work (or to suspend supplying related goods and services) under the construction contract. > > > (3) A notice referred to in subsection (2)(b) must state that it is made under this Act. > > > (4) If the claimant commences proceedings under subsection (2)(a)(i) to recover the unpaid portion of the claimed amount from the respondent as a debt— > > > > > (a) judgment in favour of the claimant is not to be given unless the court is satisfied of the existence of the circumstances referred to in subsection (1), and > > > > > (b) the respondent is not, in those proceedings, entitled— > > > > > > > (i) to bring any cross-claim against the claimant, or > > > > > > > (ii) to raise any defence in relation to matters arising under the construction contract. > > **s 15:** Am 2002 No 133, Sch 1 \[25\] \[26\].