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Associate Member Article

 

 

 

 "Don't wait for a light to appear at the end of the tunnel, stride down there and light the bloody thing yourself"

November 2020

This article is written from the perspective of a party who has undertaken work and is not getting paid on time (either in whole or in part). The issues becomes what can the unpaid party do. I must immediately confess that I am not aware of any new magic elixir to resolve this situation. Rather, this article is simply a reminder of some of the options available, which hopefully you will already know. The usual situation is the unpaid party is desperate to resolve significant outstanding claims. Those outstanding claims may well have been growing throughout the Project. There is often a history of the paying party finding a multitude of reasons not to pay, often coupled with a dialogue between the parties, which can sometimes result in just enough being paid to keep the unpaid party working on Site. The law operates that if the paying party can utilise Payment Notices/Pay Less Notices correctly, the sums the unpaid party believes is due are treated as being legitimately disputed...

 

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