s 12 Entitlement to make adjudication applications
12.—(1) Subject to subsection (2), a claimant who, in relation to a construction contract, fails to receive payment by the due date of the response amount which the claimant has accepted in writing is entitled to make an adjudication application under section 13 in relation to the relevant payment claim.[47/2018] (2) Where, in relation to a construction contract —(a) the claimant disputes a payment response provided by the respondent; or (b) the respondent fails to provide a payment response to the claimant by the date or within the period mentioned in section 11(1), the claimant is entitled to make an adjudication application under section 13 in relation to the relevant payment claim if, by the end of the dispute settlement period, the dispute is not settled or the respondent does not provide the payment response, as the case may be. (3) For the purpose of subsection (2)(a), a claimant is considered to dispute a payment response if the claimant does not in writing accept the payment response.[47/2018] (4) A claimant who has served a payment claim in relation to a supply contract is entitled to make an adjudication application under section 13 in relation to the payment claim if —(a) the claimant fails to receive payment by the due date of the claimed amount; or (b) the claimant disputes the response amount, where the response amount is less than the claimed amount. (5) During the dispute settlement period, in addition to any other action that the claimant or the respondent may take to settle the dispute —(a) the claimant or the respondent may seek clarification from the other party on any matter relating to the relevant payment claim; and (b) the respondent may provide the claimant with a payment response where the respondent has failed to do so under section 11(1), or vary the payment response provided under that section. (6) In this section, “dispute settlement period”, in relation to a payment claim dispute, means the period of 7 days after the date on which or the period within which the payment response is required to be provided under section 11(1).