South Australian Numbered Acts South Australian Numbered Acts24—Consequences of not paying claimant adjudicated amount
(1) If the respondent
fails to pay the whole or a part of the adjudicated amount to the claimant in
accordance with section 23, the claimant may—
(a)
request the authorised nominating authority to whom the adjudication
application was made to provide an adjudication certificate under this
section; and
(b)
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.
(2) A notice under
subsection (1)(b) must state that it is made under this Act.
(3) An adjudication
certificate must state that it is made under this Act and specify the
following matters:
(a) the
name of the claimant;
(b) the
name of the respondent who is liable to pay the adjudicated amount;
(c) the
adjudicated amount;
(d) the
date on which payment of the adjudicated amount was due to be paid to the
claimant.
(4) If an amount of
interest that is due and payable on the adjudicated amount is not paid by the
respondent—
(a) the
claimant may request the authorised nominating authority to specify the amount
of interest payable in the adjudication certificate; and
(b) the
amount so specified is to be added to (and becomes part of) the adjudicated
amount.
(5) If the claimant
has paid the respondent’s share of the adjudication fees in relation to
the adjudication but has not been reimbursed by
the respondent for that amount (the "unpaid share")—
(a) the
claimant may request the authorised nominating authority to specify the
unpaid share in the adjudication certificate; and
(b) the
amount so specified is to be added to (and becomes part of) the adjudicated
amount.