Angus Interiors (2021) Ltd 20 Brisbane StreetSydenham, Christchurch 8023
Having this information attached to all invoices is a requirement of the Construction Contracts Act and is reproduced word for word from the Act. The Construction Contracts Act covers work done by builders and other contractors, plumbers, electricians etc, on new or existing buildings. This work is defined as construction work by the Act.
This notice is attached to a claim for a payment (a payment claim) under the Construction Contracts Act 2002 (the Act).
The person who sent this payment claim (the claimant) is claiming to be entitled to a payment for, or in relation to, the construction work carried out to date under a construction contract.
Whether that person is entitled to a payment, and how much they are entitled to, will depend on whether you have a construction contract and what you have agreed between yourselves about payments. If you haven’t agreed on payments, there are default provisions in the Act.
You can either—
The due date for a payment is the date agreed between you and the claimant. That due date must be set out in the payment claim. If you haven’t agreed on a due date, then the Act says that a payment is due within 20 working days after the payment claim is served on you. (A working day is any day other than a Saturday, a Sunday, a public holiday, or any day from 24 December to 5 January.)
You should act promptly. Otherwise, you may lose the right to object.
If you don’t pay the amount claimed by the due date for payment or send a payment schedule indicating what you will pay instead, the claimant can go to court to recover the unpaid amount from you as a debt owed. In addition, the court may decide that you have to pay the claimant’s costs for bringing the court case.
Yes, by sending a written payment schedule.
NOTE: If you do not send a written payment schedule, the claimant can bring court proceedings against you or refer the matter to adjudication.
To say that you will pay nothing or indicate what you will pay instead, you must send the claimant a written payment schedule.
You must indicate the amount that you are prepared to pay, which could be nothing.
This amount is called the scheduled amount.
If the scheduled amount is less than the claimed amount, you must explain in the payment schedule—
NOTE: The written payment schedule must also state which payment claim the payment schedule relates to.
NOTE: If you state in the payment schedule that you will pay less than the claimed amount or pay nothing at all, the claimant may refer the dispute about how much is owing for adjudication.
You must send a payment schedule by the date agreed in the contract or, if no date was agreed, within 20 working days after the payment claim was served on you.
You must still pay the scheduled amount by the due date for payment.
If you send a payment schedule but do not pay the scheduled amount by the due date, the claimant can go to court to recover the unpaid amount from you as a debt owed or refer the matter to adjudication (or both).
Note: A court may also require you to pay that person’s costs.
IMPORTANT: If there is anything in this notice that you do not understand or if you want advice about what to do, you should seek advice.
Angus Interiors (2021) Ltd are bound by the rules of the Construction Contracts Act to provide this information.
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