ACT ADJUDICATION 

Adjudication ACT

Adjudication in the ACT is the dispute resolution process within the ACT Building and Construction Industry (Security of Payment) Act 2009 (the Act) which applies to construction work and/or related goods and services carried out in Canberra.  Be mindful of the following:

Canberra does not come under the NSW Act;and

'Cross state legislation' which is where you may be a Claimant in Canberra but the construction work or related goods and services was carried out in another State.

What is construction work and related goods and services?

 There are 6 main documents involved in the process as follows:

  1. The Payment Claim - which is a tax invoice, progress claim, final claim, etc which is provided by the Claimant to the Respondent
  2. The Payment Schedule - is a response to the payment claim which is provided by the Respondent to the Claimant
  3. Section 19(2) Notice  - is a notice which is provided by the Claimant to the Respondent if the Respondent does not provide the Claimant with a payment schedule
  4. Adjudication Application - is an application made to an ANA by the Claimant and is copied to the Respondent
  5. Adjudication Response - is a response to the adjudication application and is made by the Respondent and is copied to the Claimant
  6. Adjudication Certificate  - an adjudication certificate is a sealed document produced by the ANA at the written request of the Claimant if the Respondent does not pay the adjudicated amount for the purposes of debt recovery through the court.

*** PROFORMAS CAN BE FOUND HERE TO ASSIST THE PARTIES IN ADJUDICATION ***

 Step by step guides can be found here:

It is important to know who you are dealing with so do your homework.  Here are some helpful guidelines


 

Who are you working for?   You may think you are working for Fred Bloggs from ABC Electrical, so you address your invoices to ABC Electrical.  When ABC Electrical fails to pay you lodge an adjudication application and you are successful in your application, when ABC Electrical does not pay, you request an Adjudication Certificate.  The adjudication certificate must state the name of the Respondent as per the determination and in this case it is ABC Electrical.  Upon lodging your certificate with the court to enforce judgment you find out there is no such entity as ABC Electrical as it is an unregistered trading name and the actual name of the company that you are dealing with is Fred Bloggs Electrical Pty Ltd.  So where does this lead you - nowhere.  Judgment cannot be enforced and you have to start from square one.

 

How can you find out who you are working for?   There are a multitude of documents you can review to ascertain who you are working for - the contract, a letter of intent, a purchase order, correspondence, ASIC , ABN Lookup .

 

 

 
'We have engaged the services of ASC several times over the past few years with fantastic results.  Their expertise has helped us to negotiate both the NSW and ACT Acts' with positive outcomes in all instances.  The professional staff have proven to be friendly, knowledgeable and willing to assist us in our endeavours to gain payment for work completed.  This has been particularly important as we are a small business that often finds it necessary to take action against large corporations who see to withhold payment without just reason.'
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