(1) The consequences specified in subsection (2) apply if the payer—
(a) becomes liable to pay the claimed amount to the payee under section 22 as a consequence of failing to provide a payment schedule to the payee within the time allowed by section 22(b); and
(b) fails to pay the whole, or any part, of the claimed amount on or before the due date for the progress payment to which the payment claim relates.
(2) The consequences are that the payee—
(a) may recover from the payer, as a debt due to the payee, in any court,—
(i) the unpaid portion of the claimed amount; and
(ii) the actual and reasonable costs of recovery awarded against the payer by that court; and
(b) may serve notice on the payer of the payee's intention to suspend the carrying out of construction work under the construction contract.
(3) A notice referred to in subsection (2)(b) must state—
(a) the ground or grounds on which the proposed suspension is based; and
(b) that the notice is given under this Act.
(4) In any proceedings for the recovery of a debt under this section, the court must not enter judgment in favour of the payee unless it is satisfied that the circumstances referred to in subsection (1) exist.