Tag: positive award

The introduction of Construction Industry Payment and Adjudication Act 2012 (CIPAA 2012) allows an aggrieved contractor or consultant (known as Unpaid Party) to recover outstanding payment speedily against the Employer / Contractor (known as Non-Paying Party). In response to a CIPAA claim, the Respondent / Non-Paying Party may raise counterclaims / deduction / set-off to defend against the Claimant’s / Unpaid Party’s claim. What happen if the Respondent/ Non-Paying Party /Employer has a greater counterclaims / deductions / set-off against the Claimant / Unpaid Party? Can the Respondent / Non-Paying Party be allowed a positive claim against the Claimant /