Recovery of the unpaid amount as a debt due in court

A party seeking to recover the unpaid amount of an adjudicator’s determination as a debt due in court would need to commence summary judgment proceedings, issue a statutory demand if the debtor is a company, or issue bankruptcy proceedings if the debtor is an individual, for the amount of the unpaid debt.

The Act expressly entitles a party to recover the unpaid portion of any amount determined payable by an adjudicator and the actual and reasonable costs of recovery from the defaulting party.

In short, the process involves filing the requisite evidence of the debt together with an explanatory statement giving the debtor the opportunity to respond and the court issuing a judgment.

Independent legal advice should be sought before commencing any recovery proceeding.
 

An Authorised Nominating Authority
under section 65 of the Construction Contracts Act 2002