Five things to consider before applying for adjudication

Adjudication can be a tough game particularly if you’re not aware about all its intracacies. To help focus your preparing, the Adjudcate Assist team have put together a quick-fire top five points to consider before you even think about serving your payment claim.

Here they are:

1. Is it addressed to the party who may be liable to make payment – who is the respondent?

You must correctly identify the person or entity who you are contracted with and who is liable to make payment, otherwise you run the risk of having your adjudication application deemed invalid.

Read the following Adjudicate Assist tip for further information:

Knowing your contracts: Vital to success in adjudication

Is it made from a valid reference date – when can you make a progress claim under the contract or the BCIPA?

A reference date is the key date from which you, as a claimant, can make a claim for payment. Typically these are clearly shown in your construction contract, but in some cases (such as verbal or oral contracts) they can be difficult to identify. If you call Adjudicate Assist, we can help you find out what your likely reference dates are.

Does it identify the construction work or related goods and services to which it relates – can the respondent clearly understand what you are claiming for?

The Building and Construction Industry Payments Act makes it a requirement for the claimant to identify the work they’re claiming for explicitly on the payment claim itself. You’re putting your best foot forward if you make the construction work which you’re claiming for as clear as possible on the claim itself.

Does it state the amount claimed – how much are you claiming?

Like the previous tip, claimants should make it 100% clear the total amount subject of the claim. You are required to do this under the legislation and leaving this part out may mean your payment claim cannot proceed to adjudication.

Does it state that it is made under the BCIPA – ‘This is a payment claim made under the Building and Construction Industry Payments Act 2004’?

The final tip is that you must endorsed your payment claim with the words “This is a payment claim made under the Building and Construction Industry Payments Act 2004”. This is a device to signal to the respondent that you’re making a claim under the act rather than submitting any old tax invoice. Claims without these words run the risk of failing at adjudication on jurisdictional grounds.

As always, Adjudicate Assist are willing, ready and able to help you with your payment claim and adjudication application.

If in doubt – seek expert assistance from Adjudicate Assist.

Adjudication application disappointment can be avoided by getting your documentation in order.

If you’re preparing to bring your payment claim to adjudication, getting your adjudication application documents in order should be your number one priority

Monthly Adjudication Statistics published by QBCC for January 2016 indicate that 31.5% of all 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 in this time period do not result in a decision because of validation issues. This inevitably means claimants are not getting the best bang-for-buck when pursuing adjudication.

Claimants need to ensure that their applications tick all the boxes before being submitted, to avoid unnecessary disappointment and wasting the application fee.

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.