Resolving a Dispute
VIC Building disputes
The object of the Victorian Building and Construction Industry Security of Payment Act 2002 is to ensure that any person who undertakes to carry out construction work (or who undertakes to supply related goods and services) under a construction contract is entitled to receive, and is able to recover, progress payments in relation to the carrying out of that work and the supplying of those goods and services.
This ensures that a person is entitled to receive a progress payment by granting a statutory entitlement to such a payment regardless of whether the relevant construction contract makes provision for progress payments.
The process of adjudication under this Act begins when the Claimant serves a payment claim on the Respondent. Timeframes are very strict under the act and if the Claimant fails to meet these timeframes, they risk the application being deemed invalid.
Resolution Institute has provided flowcharts to assist both parties through the adjudication process to ensure that there is a good understanding of the timeframes under the legislation which are dependent on the actions taken by either party. Parties should also be familiar with the methods of serving documents.
The process includes the following:
- Payment Claim >>
- Payment Schedule >>
- 18(2) Notice >>
- Adjudication Application >>
- Adjudication Response >>
- Adjudication Decision >>
- Fees >>
If you would like some more information on the Building and Construction Industry Security of Payment Act 2002 or the adjudication process, please visit the Victorian Building Authority website >>
For inquiries, please ring 1800 651 650
To submit an application, please:
+61 2 9251 3733 or
mail or hand-deliver to:
Level 10, Tower 4, World Trade Centre,
611 Flinders Street,
MELBOURNE VIC, 3005