How do I send a letter of demand?
- Open the claim in Financials and go to What came back. Once the payment due date has passed and part of the claim is still unpaid, Where this claim stands shows the step Send them a letter of demand, with the amount, how many days late it is and the day the letter asks them to pay by.
- The amount comes from the claim, not from you. If no payment schedule came back, the letter asks for the whole claim less what they have paid. If their schedule agreed an amount, it asks for that amount less what they have paid. What their schedule cut is for adjudication, so the letter does not ask for it.
- Press Demand in writing. The download sheet opens. Pick PDF to print, Word to change any line, or plain text to paste. Tick Add my signature if you want your saved signature on it.
- To email it, choose Draft an email in the same sheet. YourCA saves the file and opens a covering email in your own mail, addressed to the builder from the job’s directory. Attach the file and send it yourself.
- The letter goes on your letterhead. It states the day you served the claim, the payment schedule or that none came back, the day payment fell due, what you have received and what is unpaid. It gives them seven days to pay.
- Where the contract review read them, it names your contract’s payment clause and the overdue interest rate with its clause. In New South Wales, Victoria and Queensland it also names the section of the Act that lets you recover the unpaid amount as a debt in a court. In other states it cites the contract only.
Worth knowing
YourCA never sends the letter or emails your builder. You check every line, sign it and send it yourself. The letter does not work out interest, and it cites no section YourCA does not hold. This is not legal advice, and no lawyer has reviewed the letter. Get advice before you go to court.