Able Adjudication

This is the must have document to commence the Security of Payment process and the business day on which the Respondent receives a valid Payment Claim (not when it is dated or sent) is the date that starts the Adjudication process.

The Claimant must prepare in writing and serve a Payment Claim addressed to the Respondent, which includes the following information and wording:

• Clearly identify or describe the construction work or related goods and services to which the progress payment relates;
• State the amount of the progress payment which is due;
• State on the Payment Claim words such as the following:

QLD – “This is a payment claim made under the “Building and Construction Industry Payments Act 2004 (Qld)” ..QLD Payment Claim Video..

NSW – “This is a payment claim made under the “Building and Construction Industry Security of Payment Act 1999 (NSW)”;

ACT – “This is a payment claim made under the “Building and Construction Industry (Security of Payment) Act 2009 (ACT)”;

South Australia – “This is a payment claim made under the “Building and Construction Industry Security of Payment Act 2009 (SA)”;

Tasmania – “This is a payment claim made under the “Building and Construction Industry Security of Payment Act 2009 (TAS)”;

VIC – ‘This is a payment claim under the “Building and Construction Industry Security of Payment Act 2002″.

A Payment Claim can be your normal Tax Invoice or Statement as long as it includes the above information and should comply with the Contract requirements (if applicable). The contract may require you to attach statutory declarations, reports or any other deliverable to your progress claim so make sure you have read and understood your contract before sending a payment claim.

There is nothing preventing the Claimant from supplying other information to support the claim, such as:

• Statements detailing the extent of the work completed and/or goods & services supplied;
• Completion certificates;
• Delivery dockets;
• Photographs; and
• Any other applicable contract documentation requirements.

It is  good practice to keep evidence of service such as facsimile receipt, express/registered post receipts and courier receipts etc so that you can demonstrate to the adjudicator when the Respondent received the document.  Note when the Respondent receives the Payment Claim is the trigger point to commencing action under the Act.

Reference Date

Be aware that the Payment Claim must be served on the Respondent on a Reference Date.  A Reference Date is a day(s) when you are entitled to claim under the contract.

In QLD, NSW and ACT if the contract is silent on payment claim dates then the reference date is the last day of each month. If you are using the Victorian legislation it is advisable to refer to the Victorian Government fact sheets to understand your entitlements to claim under that Act.

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