As crazy as it sounds, it is not uncommon for claimants to be unsure who they are contracted with. This is particularly the case with oral contracts but not exclusively so.

Furthermore, knowing exactly who you are working for takes on greater importance if your claim goes to adjudication, as you must have a clear idea of who to serve documents on and who is liable to make payment. Incorrectly identifying your contractual partner may have jurisdictional ramifications.

In a recent adjudication we found that the principal named in the contract did not actually exist. The contract contained a myriad of references to non-existing entities, incorrect ABN & ACN numbers and an incorrect QBCC license number. Additionally, a legal practice purported to represent the non-existent legal entity which raised potentially significant problems for that legal practice.

Fortunately we were able to convince the adjudicator as to who the respondent was and the adjudication decision was made wholly in the claimant’s favour.

Before signing a contract or undertaking any work it is advisable to clarify who exactly you are contracting with. This should be a relatively simple exercise and will avoid potential problems down the track.

If in doubt – seek expert assistance from Adjudicate Assist.

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