Adjudication - Building & construction AU
As a nominating authority, Resolution Institute administers adjudication for building and construction security of payment disputes.
Looking for an adjudicator?
Resolution Institute appoints adjudicators to determine building and construction payment disputes under security of payment legislation in NSW, Victoria, South Australia, Tasmania and the ACT, where it is an Authorised Nominating Authority (ANA), and in WA and the NT, where it is a prescribed appointor. In Queensland, security of payment disputes are administered by the Queensland Building and Construction Commission (QBCC).
Apply in the state or territory relevant for your dispute.
Building and Construction Industry Security of Payment legislation
Broadly similar legislation in New South Wales, Australian Capital Territory, Victoria, Tasmania, South Australia, Western Australia, Northern Territory and Queensland aims improve cash flow in the building and construction industry. Specifically, it aims to ensure that:
- contractors and subcontractors in the construction industry are paid for the construction work they perform; and
- disputed payment claims are addressed quickly and inexpensively without the need for litigation.
Under the security of payment legislation, where there is a dispute over payment, a claimant may lodge an application for adjudication. Adjudication is usually a fast and inexpensive process, completed within timelines specified by legislation or regulation. An adjudicator's determination about the payment dispute, is usually an interim decision. While a right of review of an interim decision is limited, parties retain the right to have the dispute dealt with on a full and final basis through litigation or arbitration at a later time.
Adjudicators determine matters within strict time limits. Most commonly adjudicators rely on documents prepared and submitted by applicants and claimants. In some cases, adjudicators may request to hear from disputants directly.