 A payment schedule can be not served, it also can be served for a lesser amount which is not paid. Then the applicant may do the next:
1. He may recover any unpaid amount as a debt.
2. He may make an adjudication application.
3. He may serve notice of intention to suspend work under the contract.
Adjudication Application
It doesn't matter for a contractor whether or not a payment schedule is served. This is because he may apply for adjudication of the payment of a claim. There are a number of formalities which have to be complied with. This has to be done for assuring that the adjudication application is in proper form.
As for the other party, it responds to the adjudication application by putting in an adjudication response. Surely, it has to be in writing. The ANA appoints an adjudicator. The adjudicator, after considering all the evidence, must give a determination in writing including the reasons for it.
Enforcement
The respondent must pay the adjudicated amount within five business days (or a later date determined by the adjudicator) after notification of the determination. This has to be done in case if the adjudicator finds in favour of the applicant. In case the respondent fails to do so then the claimant may:
1. He may apply to the ANA for an adjudication certificate and file it in the relevant court as a judgment for debt and enforce the judgment accordingly.
2. He also may suspend any further work under the contract after giving the respondent due notice of its intention.
A respondent is can not apply for a stay or any other order averting the payment either under the payment claim or even if the adjudicator has made a mistake in the determination. Nor can the respondent bring a cross-claim against the claimant and an action for recovery. All the respondent must do is to initiate another proceeding and pay the adjudicated amount into court.
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