Security Of Payment Act Second Notice

The purpose of a Second Notice under the Security Of Payment Act is three fold.

If a respondent does not pay the full amount of a Payment Claim within the time allowed, and does not provide a payment schedule within the time allowed, a claimant must serve a Second Notice before applying for Adjudication of their Payment Claim.

The Second Notice must inform the respondent that the claimant has served a Payment Claim on the respondent and that the claimant intends to apply for Adjudication of their Payment Claim.

The purpose of the Second Notice is to give the respondent a second chance to either pay the Payment Claim in full, or to provide a Payment Schedule.

If the respondent refuses to pay the Payment Claim in full, the Payment Schedule is the one and only opportunity for the respondent to set out reasons why they are withholding payment.