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 a 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 a 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 a cross-claim against the claimant; or
(ii)
to raise a defence in relation to matters arising under
the construction contract.