Updated Feb 2017Like builders since 2003, designers are now be bound by the CCA for design contracts entered into or renewed from 1 September 2016. The question of “what is design” is defined in the amendment, but very generically, and there is plenty of room for debate.If your fees invoices meet the requirements of a “Payment Claim” under the CCA, a client must provide a “Payment Schedule” if they propose to pay only part (or none) of the claimed amount by the due date. This will mean (in theory!) that you either get paid in full, on time, or get the reasons why not. You can then decide how to deal with that – including maybe serving a Notice of Adjudication which will provide a binding but not final independent determination of the issues.You won’t be able to fob off sub-consultant fee claims on the basis that the client has not paid you. But nor will the client be able to fob you off because they don’t have the funds readily at hand.If you are served with a CCA Notice of Adjudication (ie of dispute), then the timelines are VERY TIGHT and you will need to respond as a matter of urgency. Preferably to your insurer as a first priority.In NZACS’s view, the liabilities for designers are not appreciably increased. But the ready availability of adjudication perhaps increases the possibility of a claim. If so, it will mean more smaller battles instead of (or perhaps as well as) fewer bigger battles. Your PI policy may need to respond more frequently, along with an increase in legal and technical input, but not necessarily an overall increase in settlement costs.