Best Practices for Preparing Strong Adjudication Claims in Australia
ccr.work
Adjudication is a fast and effective dispute resolution process under Australia’s Security of Payment (SoP) laws, primarily benefiting contractors and subcontractors in the construction industry. A well-prepared adjudication claim increases the chances of a favorable decision. This guide outlines best practices for preparing strong adjudication claims in Australia.
1. Understand the Security of Payment Legislation Each state and territory in Australia has its own Security of Payment Act. It is essential to: Identify the applicable legislation (e.g., NSW, VIC, QLD, WA, etc.).
Understand the timeframes and deadlines for lodging claims and responses.
Ensure compliance with the specific requirements of the relevant Act.
Leadership
Leadership
Page 1
CCR Work
2. Clearly Identify the Claim A strong adjudication claim should clearly outline:
The claimant’s identity and contract details.
The work performed or goods supplied.
The amount being claimed and the due date for payment.
The basis for the claim, referencing the relevant contract terms and legislation.
Page 2
CCR Work
3. Ensure Proper Documentation Supporting documents strengthen your claim. Include:
The construction contract (or evidence of a contract, such as emails or purchase orders).
Invoices and payment claims issued to the respondent.
Proof of work completed (e.g., site photos, progress reports, delivery receipts).
Correspondence related to the claim (emails, letters, notices of delay, etc.).
Any previous payment schedules provided by the respondent.
Page 3
CCR Work
4. Adhere to Strict Timeframes Time is critical in adjudication. Follow these key deadlines:
Issue a valid payment claim within the time limits specified in the contract or legislation.
If payment is denied, the adjudication application must be submitted within the allowed timeframe after receiving the payment schedule or after the due date for payment passes. Respond promptly to any further information requests from the adjudicator.
Page 4
CCR Work
5. Draft a Persuasive Adjudication Application A well-structured application should include:
A summary of the dispute and the amount claimed.
A detailed explanation of why the payment is due.
Reference to relevant contract terms and legal provisions.
All supporting documents properly indexed and attached.
A clear and logical argument to support your claim.
Page 5
CCR Work
6. Anticipate and Address Likely Defenses Consider potential arguments the respondent might use to dispute the claim, such as:
Defective or incomplete work.
Delays not accounted for.
Overcharging or discrepancies in invoices.
Issues with contract variations or scope changes.
Prepare counterarguments and provide evidence to refute any expected objections.
Page 6
CCR Work
7. Seek Legal or Expert Advice if Needed While adjudication is designed to be straightforward, complex claims may benefit from expert input. Consider consulting:
Construction lawyers specialising in Security of Payment matters.
Quantity surveyors for valuation disputes.
Adjudication consultants for professional claim preparation.
Page 7
CCR Work
8. Use Clear and Concise Language Ensure your claim is:
Free from legal jargon or unnecessary complexity.
Well-organised with headings, subheadings, and bullet points.
Presented in a professional and factual manner.
Focused on relevant information only.
Page 8
CCR Work
9. Comply with Submission Requirements Follow the correct format and include all mandatory forms.
Ensure the application is sent to the correct adjudicating authority in your state.
Keep a record of the submission, including proof of delivery.
Page 9
CCR Work
10. Prepare for PostAdjudication Steps Once the adjudicator issues a determination:
If successful, take steps to enforce the decision if the respondent fails to pay.
If unsuccessful, assess options such as judicial review or court action (where applicable).
Learn from the process to improve future contract management and payment claim strategies.
Page 10
CCR Work
A strong adjudication claim requires thorough preparation, accurate documentation, and compliance with legislative requirements. By following these best practices, claimants can improve their chances of securing prompt and fair payment under Australia’s Security of Payment framework. For professional assistance with adjudication claims, consult an experienced construction law specialist or adjudication expert.
Contact us for further inquiries
https://ccr.work/expertise/adjudication-service/
