ASC periodically offers training for accreditation of Adjudicators under the Act.
The course has been developed and designed by ASC and the program managers to provide participants with a detailed understanding of the Act and affords them with an opportunity to become an accredited Adjudicator on the ASC panel.
The course also provides the essential tools for people who currently prepare or intend to prepare documents relating to adjudication, including adjudication applications and adjudication responses.
If you would like to be informed of our next round of courses, please register your interest by completing the attached form and emailing it to firstname.lastname@example.org
An Adjudicator must:
- be a natural person; and
- have the qualifications, expertise and experience as prescribed by the Regulations.
A person is not eligible to be an adjudicator if:
- the person is a party to the contract; or
- any circumstances prescribed by the Regulations.
ASC maintains a small panel of trained adjudicators. We believe that a small paenl is beneficial as it allows our adjudicators to adjudicate on more matters which means greater experience and knowledge and determinations that can withstand Supreme Court challenges. A brief overview of our adjudicators' experience is provided below:
- Contract Law Specialists
- Business Development Management
- Building & Construction Law
- Arbitration and Dispute Resolution
- Practising Lawyers
- Graded Commercial Arbitrators
- Accredited Construction Adjudicator (Academy of Construction Adjudicators, London UK)
- Bachelor of Engineering
- Practising Civil Engineers
- Trainer of Construction Adjudicators (NSW and VIC Acts)
- Trainer of Project and Contract Management Training Courses
The Role of the Adjudicator
The Adjudicator is the person who is appointed by the ANA and makes the adjudication decision. The Adjudicator will decide:
- Amount of the progress payment, if any, to be paid by the respondent to the claimant;
- Date on which the amount became or becomes payable; and
- Rate of interest payable on any amount
The adjudicator is to consider the following matters only:
- The provisions of the Act;
- The construction contract;
- The Payment Claim and all submissions properly made by the Claimant in support of the claim;
- The Payment Schedule, if any, together with all submissions that have been properly made by the Respondent in support of the schedule;
- The results of any inspection carried out by the adjudicator of any matter to which the claim relates.
The Adjudicator is to determine an application within the times stipulated under the State Act and the decision will be in writing and include reasons for the decision.
Adjudicators must not have a conflict of interest, must act impartial, be neutral and objective and comply with the Act.
To ensure that issues of probity are maintained, prior to nomination there is a requirement for each Adjudicator to declare the following:
- They have the qualifications, expertise and experience necessary to competently carry out the adjudication in accordance with the Act;
- They are not a party to the contract;
- They will at all times act in accordance with the ASC Code of Conduct; and
- They consider they have no conflict of interest in adjudicating this application.
There may be times when a party or parties consider that an adjudicator has breached the Code of Conduct or Code of Ethics and wish to complaint. Click Complaint for further information.