This section provides essential guidance for the claimant in completing an adjudication application
where the claimant has received a payment schedule but was not paid by the due date.
If this advice is not followed, the chances of the application being successful may be reduced.

When the respondent serves a payment schedule which is accepted by the claimant and the claimant is not paid the scheduled amount by the due date, the adjudication application must be lodged with Adjudicate Today (or other Authorised Nominating Authority [ANA]) within 20 business days from the due date. A contract provision which seeks to pre-select the ANA is void and has no effect.

An adjudication application must:

• Be in writing addressed to Adjudicate Today (or other ANA), requesting the nomination of an adjudicator;
  
  
• Be lodged with Adjudicate Today within 20 business days from the due date of payment;
  
  
• At the same time be served upon the respondent;
  
  
• Attach a copy of the payment claim;
  
  
• Attach a copy of the payment schedule (if any);
  
  
• Contain and have attached to it all the information (including expert reports, photographs and arguments) which the claimant wants to put to the adjudicator in support of the claim and refuting any reasons, given by the respondent in the payment schedule, for withholding payment; and
  
  
• Include a copy of the contract or all relevant contract terms and conditions.

An adjudication application should NOT provide possible reasons for non-payment of a claim if they are not included, or alluded to, in the payment schedule.

Click: Download the Adjudication Application form
*Note: This form is interactive. This means it can be EITHER filled out on screen and printed OR downloaded and printed for manual completion.

The Act requires the payment of an ANA's prescribed application fee when the application is lodged. The prescribed application fee charged by Adjudicate Today is NIL ($0:00) dollars.

The claimant should attach to the application copies of:

1. The construction contract (which may be a formal contract document, an exchange of letters, a quotation and acceptance or a record of an oral agreement) under which the payment claim is made.

2. The payment claim.

3. The payment schedule.

4. Any supporting documents (eg certificates, test results, delivery dockets, invoices, photographs, statutory declarations, expert reports, written statements, etc).

5. A written submission evidencing that the claimed amount is due and unpaid and evidencing the value of the work, materials or services for which payment is claimed.  The submission must also respond to the reasons, if any, given by the respondent for not paying and must provide evidence or arguments to refute the respondent’s grounds for withholding payment.

It is usually not sufficient for the claimant to merely refer to the payment claim and the respondent’s payment schedule and state that he/she is entitled to payment.  The submission should clearly state why the monies are owed and include supporting material as to why the claimant is entitled to the particular amount claimed. 

In relation to preparing the adjudication application:

1. Show that the work was in fact done and/or related goods and services were supplied as required by the provisions of the contract or agreement between the parties in accordance with the identified items and conditions of the contract (if possible, refer to the specific paragraph in contract).

2. Ensure a copy of the contract is attached.  If the contract or agreement is wholly or partly oral, set out the precise terms of the oral agreement, when it was made and the named person who entered the contract on behalf of the respondent.   Attach a copy of the written part of the contract or agreement.

3. If the contract is not a formal contract but the result of letters or other correspondence, attach copies of the relevant letters and/or correspondence which constitute the contract or agreement. 

4. Show the nature and extent of the work done (including any rectification work of alleged defects) and/or related goods and services provided by the claimant under the contract and quantify their value.

5. Clearly set out calculations showing how the amount claimed is made up by items/value with a total, including GST.

6. If possible obtain witness statements or other technical report, test results, photos, invoices (from suppliers, quality assurance statements, statutory declarations of payment of workers subcontractor etc) or other documentation which supports the claim, attach these as numbered attachments.  This is particularly important for larger claims.  These attachments should show that the work was properly done and completed in line with the contract and/or that related goods and services were provided as per the progress claim.

7. Set out in separate numbered paragraphs the arguments with logical reasons as to why the claimant is entitled to receive the amount claimed as a progress claim.  Refer back to any relevant material supporting each argument and quote the specific attachments (e.g. see Report dated… Attachment A etc).

8. Any legal advice and/or opinion which supports the claim may be attached as an annexure and should be referred to in the submission (a legal opinion is not necessary to make a claim). 

9. Ensure that submissions do not contain emotional words or language derogatory or defamatory of the respondent.

The overall submission should be concise, clearly written and set out the claimant’s arguments and reasons.  Remember the submission should always link back to any agreement/documentation, photos, technical/legal reports which support the claimant’s entitlement as set out in the payment claim.

A copy of the adjudication application and all attachments or other things accompanying it must be served on the respondent at the same time as it is served upon Adjudicate Today.

Please move to the next step on the flowchart which is "Claimant serves Adjudication Application on Adjudicate Today and Respondent".

Payment Schedule Served flowchart

or

Scrap the chart, go to the next step