It is with great excitement that we announce Able Adjudication’s unification with RECOUP Contractor Debt Recovery.

This merger will see the combination of the two Security Of Payment Act NSW specialists best suited to serve all of your adjudication needs.

Able Adjudication will not be accepting new applications from Saturday 27 August 2016 and it is recommended that RECOUP Contractor Debt Recovery lodge your adjudication applications with RICS on your behalf.

Able Adjudication will continue to complete applications on foot as at Friday 26 August 2016.

For all those who have used Able Adjudication since 2009 we thank you for the support and hope you will join us in our new journey with RECOUP Contractor Debt Recovery

As at 1 July 2016 Able Adjudication’s NSW head office will be relocating to a new address. Go to our Contact Us page for details.

The NSW Government is proposing several changes to the Building and Construction Industry Security of Payment Regulation. These reforms aim to better protect subcontractor retention monies and strengthen transparency in relation to payments to subcontractors.

NSW Fair Trading has released for public comment the draft Building and Construction Industry Security of Payment Amendment (Retention Trust Money Account) Regulation 2014.

The NSW Government states that the Regulation delivers further reform consistent with the Collins Inquiry’s recommendations and the original intention of the Security of Payment Act.  The general public may comment on the draft by 16 January 2015 (see Fair Trading website).

As a result of the QLD 2014 Amendment Act there are no longer Authorised Nominating Authorities (ANA) in QLD as of Monday 15 December 2014.

Industry has to make adjudication applications directly to the Queensland Building and Construction Commission.

However, Able Adjudication will continue to provide guidance on the legislation through our Queensland page

New amendments to the NSW BCISOP Act, passed by the NSW Parliament in November 2013, commenced on 21 April 2014.  The changes are:

• introduce prompt or maximum payment terms for progress payments
• require that payment claims made by a head contractor include a supporting statement declaring subcontractors it has engaged, have been paid what is due and payable
• remove the requirement that a payment claim must state that it is being made under the Act

Very Importantly to note that the default due date for payment provisions under the Act has significantly changed which will affect the timing of s17(2) second chance notices and the time to proceed to court where there is no payment schedule. The new provisions may summarised (seek legal advice to make sure) as:

• Contracted to the Principal – 15 business days
• Contracted to another contractor on a non-residential project – 30 business days
• Contracted to another contractor on a residential project – 10 business days

The amendments will apply to contracts entered into from 21 April 2014.  Further details on the changes are provided in the NSW Government fact sheets below:

• Fact sheet 1 – An overview
• Fact sheet 2 – Prompt payment
• Fact sheet 3 – Supporting statement
• Fact Sheet 4 – Making a payment claim

Able Adjudication has joined fellow ANA the Australian Solution Centre to run a NSW Adjudicator Training Course in late March 2014.

The course is to be provided by Ian Hillman and Scott Pettersson who are both very experienced Adjudicators and trainers, who have between them previously trained Adjudicators in NSW, Qld, VIC,  SA and TAS as well as delivering a range of other courses on the Adjudication process.  Both assisted in the implementation of the Act in NSW and QLD.

At a very competitive price this course will be very useful for those who aspire to become adjudicators not only in NSW but also other jurisdictions (with additional cross training) but more importantly it is a great forum for those who want to learn in detail the ins and outs of being an adjudicator and how an adjudicator undertakes their role within the legislations without becoming an adjudicator.

Are you interested?  Do you know anyone who may be interested?

Then contact us for the course flyer and get in quick to get the earlybird discounts.

Able Adjudication has been authorised as an Authorised Nominating Authority (ANA) under the Victorian Building and Construction Industry Security of Payment Act 2002 (the Act) as from Tuesday 10th September 2013. As such we are able to accept adjudication applications from Claimants making claims under the Victorian Act.

Victorians can now access our excellent adjudicator panel and low cost adjudication fees which have been very popular in other states and territories. A link to the relevant Victorian Government website can be accessed here.

Able Adjudication Pty Ltd is pleased to sponsor our Managing Director’s 4th Dry July campaign.

We encourage others to support the Dry July not-for-profit organisation which is determined to improve the lives of adults living with cancer through an online social community giving up booze for the month of July.

Dry July is also a chance to raise awareness of individual drinking habits, the value of a balanced healthy lifestyle, a personal challenge, encourage positive change and an awareness of a healthy attitude to alcohol consumption.
This year Dry July is proud to have on board thirty-four beneficiaries across Australia and New Zealand. Jon has chosen the Chris O’Brien Lifehouse at RPA for personal reasons and we are happy to support his cause.

Able Adjudication with support from our adjudicators has developed a new revitalised fee structure for release as from Monday 15 April 2013.

The commitment to provide sound decisions from highly qualified adjudicators at value for money prices is confirmed in this fee structure giving the parties more visibility of maximum fees for a large proportion of payment disputes. We believe this will assist parties to make sound commercial decisions before proceeding to adjudication.

There are no application fees. There are no certificate fees.

Ever wondered what your likelihood of success may be using Security of Payment adjudication?
There can never be a guarantee of success because each contract is different with different circumstances, people and scenarios.

However, historically adjudication has provided much cashflow relief to contractors, subcontractors and suppliers who are diligent in their business and contract practices. Those people either use the legislation to achieve payment on time, settle disputes and be successful through adjudication where a dispute cannot be settled.

To assist the reader, Able Adjudication has gathered together some QLD and NSW adjudication statistics to demonstrate what has gone before you. The statistics are provided from official NSW and QLD Government websites.

Security of Payment and Adjudication are not generally difficult concepts to understand but for those who do not use the Act(s) regularly it can be very foreign and somewhat daunting.

So Able Adjudication has attempted to develop some flowcharts that cater for the majority of normal contractors who want to know the basics of how the Act(s) works and want to know how they can use the Act(s) to protect their entitlements under their Contract(s).  We offer the following two flowcharts which describe the possible paths to adjudication and the possible events during and after an adjudication application is made.  They are:

• Pre-Adjudication processes; and the
• Adjudication and Beyond processes

Click on the links and have a read.  If still perplexed contact us and we can try and assist you understand the mechanics of the Act(s) that may apply to you.