Construction Adjudication Solicitors
Making a Claim

Right to Suspend for Non-Payment

Section 5(1) provides that where an amount due under a "construction contract" is not paid in full by the day on which the amount is due then the Claimant (the “executing party”) may suspend its work by giving notice in writing under Section 5(2).

Notice under Section 5(2) shall specify the grounds on which it is intended to suspend work and shall be delivered to the other party (a) not earlier than the day after the day on which the amount concerned is due and (b) at least 7 days before the proposed suspension is to begin.

Work may not be suspended if (a) the payment of the amount due has been made or (b) a notice of intention to refer to adjudication under Section 6(2) has been served.

 

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