Only the person making a claim can start adjudication to work out the due amount (if any) for a payment claim. It’s an independent, informal process to help resolve a claim quickly and inexpensively.
When can I apply? (section 17)
Strict timelines apply for when an adjudication application can be made:
- When a payment schedule is less than claimed (subsection (1)(a)(i))
- Within 10 business days after the payment schedule has been received (subsection (3)(c))
- When the respondent fails to pay the whole or any part of the payment schedule by the due date (subsection (1)(a)(ii))
- Within 20 business days after the due date for payment (subsection (3)(d))
- When a respondent fails to provide a payment schedule and fails to the whole or any part of the claimed amount by the due date (subsection (1)(b))
- The respondent is to be notified within 20 business days of the payment due date of the claimant’s intention to apply for adjudication (subsection (2)(a)),
- The respondent must be given 5 business days to provide a payment schedule after receiving the notice of intention (subsection (2)(b)), and
- The adjudication application must be made within 10 business days of the 5 day payment schedule period (subsection (3)(e)).
Go to the security of payment page for the payment claim flowchart.
How much does it cost? (Section 29)
Costs include adjudicator fees, expenses and the Authorised Nominating Authority fees. Keeping issues simple and parties' submissions clear, concise and complete can minimise fees. The claimant and respondent pay equal adjudicator fees unless the adjudicator decides differently.
How is the Authorised Nominating Authority (ANA) and adjudicator chosen?
The claimant chooses an ANA who receives the adjudication application, nominates an adjudicator and can issue an adjudication certificate. To choose an ANA, check their fees and the adjudicator's likely expenses. Outline what issues your claim involves and the sort of adjudicator qualifications needed. The ANA then passes the application to a suitably qualified adjudicator who decides if they will accept it. Go to the authorised nominating authorities page to see the list of ANAs.
How do I apply for adjudication? (Section 17)
Any ANA can give you an adjudication application form. Your application must:
- be in writing
- request the nomination of an adjudicator
- be lodged with the ANA within the required time
- be served upon the respondent at the same time
- be accompanied by any ANA's application fee
- include a copy of the payment claim
- include a copy of the payment schedule (if any)
- include all information in support of the claim that you want the adjudicator to consider, and
- include a copy of the contract.
What happens after I apply for adjudication? (Section 25)
After you submit your adjudication application, the ANA will contact an adjudicator from their panel of adjudicators. If the adjudicator accepts, the claimant and respondent are notified. If you don't receive acceptance within four business days, you can withdraw and reapply with another ANA within five business days.