1. Construkt Pty Ltd ("Construkt") was engaged by Globular Pty Ltd ("Globular") to build a mixed-use development on the Kingston Foreshore. They used an AS2124-1992 contract which said that Construkt was to submit claims for payment on the 15^th of the month. Globular was both the principal and the superintendent under the contract.
2. Construkt commenced work on 21 July 2020, and submitted a claim for $280,000.00 on 14 August 2020. The claim stated that it was a claim made under the Building and Construction Industry (Security of Payment) Act 2009.
3. Globular issued a payment certificate under the contract on 31 August 2020 which said it would only pay $140,000.00 of the claim. It alleged that the other $140,000.00 was not yet due because it related to materials that had not yet been delivered to the site.
4. What are Construkt's options for recovering the rest of the payment?
5. Now assume Globular issued the payment schedule on 28 August 2020. What are Construkt's options for recovering the rest of the payment now?
6. If an adjudicator finds in favour of Construkt, but Globular does not pay, what are Construkt's options?
7. If an adjudicator finds in favour of Construkt and Globular pays it, can it get the money back?If so, how?