A streamlined process for resolving construction payment disputes
If you’re owed money for construction work and you need help getting paid, you may be able to use adjudication from the QBCC to pursue payment.
Adjudication is designed to be an effective, affordable, and fair means of resolving disagreements over progress payments in the construction industry. The decision-making process is an alternative to going to court.
Put simply, with adjudication you first send a written request to the person or company that owes you money, and wait a certain time for a reply. If you aren’t satisfied with their response, you can apply to have your case decided by an adjudicator – a person who’s qualified to assess all the facts in a payment dispute.
Make a timely application for adjudication
When you’re making an application for an adjudication from the QBCC, it’s very important that you get the words right in the notices, and make sure you comply strictly with the relevant timeframes.
That’s because the adjudicator will make their decision based on who has the stronger argument – which in turn is based on the paperwork submitted by both parties.
That’s why it’s important to get your application right. To assist with this, the QBCC has introduced an online process that’s designed to be a more streamlined approach.
New online adjudication application process
The QBCC now offers an online “Smart Form” which you can use to submit your application. It’s simply a matter of stepping through the online profile and completing the questions asked.
There are two fees payable for having your claim adjudicated. The first fee is payable upon submission of your application to the QBCC; and the second is paid directly to the adjudicator for any work carried out and expenses incurred toward making a decision.
The entire adjudication process takes around one month, and is generally regarded as a quicker and more cost effective method of debt recovery.
Talk to us for advice about adjudication
If you find yourself in a position where you are not being paid, adjudication could be a process that can help you exercise your rights quickly.
If you have questions about making an application for an adjudication, contact McCarthy Durie Lawyers on 3370 5100 or fill out the contact form here.