Payment response
A response is due within ten working days of the payment claim. It is the place to admit, dispute, or set out a set-off. A set-off may reduce the claim. It does not produce a decision in favour of the responding party.
The reference continues
A non-paying party cannot contract out of CIPAA, or bring the reference to an end by declining to participate. If no response is served, the unpaid party may proceed, and the adjudicator may still decide.
Adjudication response
Once an adjudicator is appointed, the adjudication response is due within ten working days of the adjudication claim. It sets out the defence and the documents relied on.
Certification is not a precondition
The absence of an interim certificate does not, of itself, prevent a payment claim. Section 5 of CIPAA does not require a certified claim before a payment claim may be served.
Liquidated damages and back-charges are considered only so far as the contract allows them to be raised in the response. CIPAA is not a procedure for recovering liquidated damages as payment for work done.