Applying for Adjudication of a Payment Claim under the Security Of Payment Act is the best way available to resolve a payment dispute in the building & construction industry.
Once an Adjudication application has been lodged the Adjudication process is usually complete within 14 business days.
A claimant can only apply for Adjudication under the Security Of Payment Act if:
- The respondent has served a Payment Schedule that indicates that a lesser amount than that claimed in the Payment Claim is proposed to be paid in response to the Payment Claim.
- Or, if the respondent hasn’t served a Payment Schedule in response to the Payment Claim, and the claimant has served a Second Notice on the respondent.
Once an adjudicator makes a determination under the Security Of Payment Act in favour of the claimant the respondent has 5 business days to pay the adjudicated amount in full.
If a respondent doesn’t pay the adjudicated amount in full within the time allowed the claimant can register the adjudicators determination as a court judgment.
