Default liability claim
These are claims for technical non-compliance with the payment regime under the Act. Where a valid payment claim has been served by a payee on a payer and the payer fails to provide a payment schedule in response within the period mandated under s 22 of the Act or fails to pay the whole of the scheduled amount by the due date for payment, a determination that the payer is liable to pay the whole of the unpaid portion of the claimed or scheduled amount may be made by an adjudicator, without the claimant having to prove its entitlement to payment on the merits under the contract.
Claim on merits
Disputes about the substantive rights and obligations of the parties. Typical claims for payment and rights and obligations determinations might include:
- contract interpretation disputes;
- whether particular work constitutes a variation;
- whether work is defective, creating an obligation (and/or a right) on the part of the contractor to rectify it;
- extension of time claims including time-related cost claims or downstream liquidated damages claims;
- whether time is at large;
- the right to suspend or terminate a contract;
- assignment rights;
- issues regarding bonds;
- entitlement to a Practical Completion Certificate or Final Completion Certificate;
- entitlement to release of retentions;
- ownership of plant, equipment and materials;
- damages claims for breach of contract; and
- contractual claims for damages for breach of requirements of reasonable care and skill in relation to design, engineering and quantity surveying consultants.
