What is Adjudication?
Adjudication is an alternative dispute resolution process for claims sought under the Building and Construction Industry Payments Act 2004 (Qld). In order to have the dispute referred to an adjudicator, there must be a claim made by a party to the construction contract in relation to construction work or the supply of related goods and services for the construction work in Queensland. The adjudicator may determine:
- the claimant’s right to a progress payment;
- the date on which a progress payment becomes payable;
- the interest rate payable on a progress claim.
Why choose Adjudication?
The adjudication process allows for a relatively simple assessment of the BCIPA claims by an independent adjudicator without the involvement of the Courts. The strict timeframes for lodgment of the application and delivery of the adjudication decision ensure that the parties can obtain fast resolution of their dispute.
How do I make an application for Adjudication?
You can apply for adjudication, once you validly serve your BCIPA claim and give notification of your intention to apply to the respondent. See the applicable timelines in our BCIPA flowchart.
The applications can be made online or in person at any of the branches of the Queensland Building and Construction Commission.
With your application, you should include submissions outlining your position with respect to the BCIPA claim.
What happens after the Adjudication?
The nominated adjudicator will make a decision based on the details of the payment claim and payment schedule and the parties’ submissions, as well as the terms of the contract between the parties and the relevant provisions of the Building and Construction Industry Payments Act 2004 and Queensland Building and Construction Commission Act 1991.
The adjudicator will decide the ‘adjudicated amount’ and a party who must pay it. If you are successful, you must serve the decision on the respondent, and the respondent will have 5 business days (or another timeframe specified by the adjudicator) to pay the adjudicated amount.
What if I am successful at the Adjudication, but I still cannot get paid?
You can register the adjudication decision with Queensland Courts. The appropriate court will issue a certificate and the decision will become a judgment debt, which can be enforced against the respondent.
For more information on Adjudication Applications or how we can help, contact us.