The Submissions

It is generally beneficial for parties to provide written submissions supporting the position they have put in the Payment Claim or Payment Schedule in relation to a Security of Payment adjudication application.

The submissions are normally attached to either an Adjudication Application Form (Claimant) or the Adjudication Response (Respondent).

Whilst this is not required by the Act it does assist an Adjudicator to understand the detail of the project and the reasons why the parties have arrived at their positions. Please keep in mind that the Adjudicator will:

  • not have had anything to do with the project;
  • will not know the parties involvement in the project;
  • is required only to consider the legislation and documents properly put to them (these should include the contract, payment claim, payment schedule, adjudication application and adjudication response); and
  • will probably not meet with the parties or attend the site.

Some things to consider when drafting the Adjudication Application or Adjudication Response submissions include:

  • provide a summary background of the Project, the Contract and events leading up to the Payment Claim in relation to the application;
  • explain how you have arrived at the valuation of the works, goods and services being claimed by the Claimant;
  • try to provide evidence to support your valuation (contract and variation agreements, previous payments, pictures, receipts for materials etc);
  • evidence why (or why not) there is an entitlement to payment (the contract terms, the work done, goods and services supplied, docket sheets etc);
  • if you attach documents (and you should) explain what they are and refer to them in your submissions;
  • if you disagree with a statement made by the other side, identify the statement and explain clearly why you disagree;
  • if you are uncertain about your skills in preparing submissions seek expert advice from a lawyer or other trained person experienced in the field of payment disputes under the legislation.

Additionally when making your Adjudication Application or Adjudication Response submissions you should remember that an Adjudicator must decide under the Act:

  • the amount of payment (if any) to be paid to the Claimant by the Respondent;
  • the date any payment became or becomes due;
  • the rate of interest to be paid on any amount that is late;
  • the Claimant and Respondent proportions of the adjudication fees (i.e. Adjudicator and Authorised Nominating Authority fees and charges).

For relevant guidance notes on your Act please read the information provided under each Adjudication Scheme by clicking here.

Able Adjudication also has some examples on what may be included in the submissions and you may wish to contact us to find out more. Just click here to find out how.

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