The main steps and timescales are set out in the attached flowchart.
Under the CCA 2013 the three main processes are:-
The Claimant must prepare and deliver "a payment claim notice" not later than five days after the "payment claim date". If the Respondent does not contest the amount claimed it makes the payment sought by the due date. If the Respondent contests the amount claimed it should prepare and deliver a response not later than 21 days after the "payment claim date". The Respondent shall pay the amount proposed on or before the due date. If any amount due is not paid the Claimant has a right to suspend work for non-payment under Section 5, CCA 2013.
The Claimant can serve a Notice of Intention to refer to adjudication at any time on the Respondent. The parties have five days to agree to the appointment of an adjudicator. Failing agreement the adjudicator shall be appointed by the Chair of the Panel. Within seven days of the adjudicator’s appointment the Claimant serves “the Referral” on the adjudicator with a copy (at the same time) to the Respondent. The adjudicator has 28 days from the date that a referral is made to reach a decision (the period can be extended by fourteen days with the consent of the Claimant or a longer period as agreed by the parties).
Sections 6 and 7: The full adjudication amount including fees, costs and expenses of the adjudicator pursuant to the adjudication decision is to be paid within seven days. If full payment is not made the Claimant may suspend work by giving notice pursuant to Section 7(2). If full payment is not made the decision of the adjudicator may be referred to the High Court for enforcement. The decision of the adjudicator is binding until the payment dispute is finally settled by the parties or a different decision is reached in arbitration or in court proceedings.
The decision of the adjudicator may be enforced as if it is a judgment or order of the High Court.
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