Getting the ‘Notice of Intent’ right.
Overwhelmingly the most misunderstood section of the BCIPA is the requirement to send a ‘notice’ to the respondent when no payment schedule has been issued to the claimant within the 10 business days from the service of the payment claim.
 
This notice, referred to as a section 20A(2) notice, is required before the claimant can proceed to either court or adjudication.
 
Prior to the December 2014 BCIPA amendments, this notice provision only applied if the claimant elected to pursue adjudication rather than the starting proceedings in the court to recover the debt and was referred to as a ‘notice of intent to apply for adjudication’.  
 
Otherwise the purpose remains the same; that is, once served it gives the respondent a further 5 business days in which to provide the claimant with a payment schedule.
 
One key difference though is that this section 20A(2) notice, unlike the previous section 21(2) notice, must state it is made under the BCIPA.
 
Furthermore, a consistent problem among claimants is the timing of the section 20A(2) notice.
 
The notice can only be issued after the due date for payment of the payment claim. It is not uncommon for claimants to wrongfully issue the notice before or on the due date for payment which, if not corrected, unfortunately renders any subsequent adjudication application invalid.
If in doubt – seek expert assistance from Adjudicate Assist.
 
 
 

Knowing your contracts: Vital to success in adjudication

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.

Help vital to successful adjudication

It has never been more important to seek help preparing for adjudication under the Building and Construction Industry Payments Act (“BCIPA”).

Help vital to success in adjudication

Monthly adjudication statistics published by the Queensland Building and Construction Commission (“QBCC”) for January 2016 indicate that approximately 31.5% of all adjudication applications made to QBCC are withdrawn before being referred to an adjudicator because of application validation issues. Additionally, 18% of all adjudication decisions released the adjudicator found that there was no jurisdiction.

Put another way, this means that approximately 40% of all adjudication applications made to QBCC do not result in any decision because of validation issues that could easily be avoided if expert help had been requested.

Claimants need to ensure that their applications tick all the boxes before being submitted, to avoid unnecessary disappointment and wasting of money on doomed adjudication applications.

Adjudicate Assist CAN help you!

Adjudicate Assist can offer assistance for the claimant or the respondent with the adjudication process by trained ADJUDICATORS.  All consultants are highly experienced in the adjudication process and are aware of the criteria required for recovering or defending payment under the Act – don’t settle for second best and be disadvantaged!

If in doubt – seek expert assistance from Adjudicate Assist.