Adjudication Process

The adjudication process is primarily based on a Claimant issuing a Payment Claim for payment to which the person receiving the Payment Claim (the Respondent) has an entitlement to respond with a Payment Schedule.

If the Claimant disagrees with the Payment Schedule, or there is no Payment Schedule or the Respondent has failed to pay the amount specified in the Payment Schedule the Claimant may make an Adjudication Application to have the matter decided by an independent Adjudicator. The Respondent may have an entitlement to provide the Adjudicator with an Adjudication Response.

The following adjudication process checklist is provided to assist you understand some of the information that may be considered to support your Adjudication application or Adjudication Response.

1. What can be claimed?
2. The Project;
3. Pre- Adjudication processes and events;
4. Ways to Adjudication;
5. The Adjudication Application;
6. The Adjudication Response;
7. The Submissions;
8. Proformas.

Adjudication provides for an interim decision only and does not prevent parties to finalise disputes through contract provisions or the courts.

It is important to note that each scheme has slight differences and as such a person must apply for adjudication within the State Scheme, where the work and/or related goods and services was performed and/or supplied.

Each State and Territory Government has its own legislation and has provided guidance notes for the general public to understand such legislation.

If you intend asking someone to compile your Adjudication Application or Adjudication Response then you should ensure that they have a high level of knowledge in relation to the operation of the relevant Act.

A person helping you compile your Adjudication Application or Adjudication Response will need access to your documents that relate to the dispute and will need your instructions on how you wish to proceed (they may advise you on some of the options available).

Despite the above sounding legalistic the East Coast Acts are fairly user friendly and many persons prepare their own applications.

 

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