Subcontractors can now claim against principal contractors for payments due to them from contractors.

Under recent changes to the Law subcontractors can now claim against principal contractors for payments due to them from contractors. If you are a subcontractor the changes effectively enable you to earmark money owed to a contractor from the principal contractor to secure the former’s liability for progress payments to you. It minimizes the risk of non payment due to a contractors insolvency. You must first lodge an adjudication application and then serve on the principal a payment withholding request. On receiving this the principal contractor must hold back from an money owed to the contractor an amount equal to that specified in the request pending a court decision.

This obligation extends to owners.

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