Winning an Adjudication Decision is a significant milestone — but what happens if the Respondent still refuses to pay after the decision is issued?
Under CIPAA 2012, you have three powerful enforcement tools available.
Option 1: High Court Enforcement (Section 28)
You may apply to the High Court under Section 28 of CIPAA 2012 to enforce the Adjudication Decision as if it were a judgment of the court. Once granted, the court can issue a writ of execution, allowing seizure and sale of the Respondent’s assets.
This is the most commonly used enforcement route and is generally granted quickly by the courts.
Option 2: Direct Payment from Principal (Section 30)
Under Section 30 of CIPAA 2012, if the Respondent fails to pay, you may serve a written notice on the Respondent’s employer (the party who engaged the Respondent) demanding that they pay you directly from amounts owed to the Respondent.
This is a powerful tool — it bypasses the Respondent entirely and goes directly up the contract chain.
Option 3: Suspension of Work (Section 32)
Under Section 32, if the Adjudication Decision is not satisfied, you are entitled to suspend performance of your obligations under the contract. You must give 3 working days’ written notice before exercising this right.
Suspension of work can be a strong commercial lever — a main contractor who cannot pay you faces the risk of their entire project coming to a halt.
Important: The Respondent may attempt to apply to set aside the Adjudication Decision under Section 15 of CIPAA. However, the grounds are very limited and courts are generally reluctant to set aside decisions on technical grounds alone.
WE Project Management PLT assists clients through the full enforcement process. Contact us if your decision has been issued and payment has not followed.