Building and construction payment disputes
With the exception of one section, the Construction Contracts (Security of Payments) Act (“the Act”) and the Construction Contracts (Security of Payments) Regulations (“the Regulations”) came into force on 29 November 2010.
The legislation covers construction contracts entered into after 1 July 2005, whether or not in writing, for construction work performed on a site in the NT. It also covers contracts for the supply of materials and services associated with construction projects.
The legislation provides an adjudication scheme for the resolution of disputes arising out of construction contracts, and also provides for minimum contract standards, by implying that certain conditions apply where the contract between the parties fails to cover the same issues in writing.
Resolution Institute (and previously the Institute of Arbitrators & Mediators Australia (IAMA) prior to its merger with LEADR to form Resolution Institute in 2015) has been a prescribed appointer under the Act since its inception in 2005 and Resolution Institute has many experienced registered adjudicators amongst its members.
If you would like to make an application to Resolution Institute to appoint an adjudicator to determine your payment dispute, the following appointment fees will apply:
- AU$220 - For payment disputes of up to AU$200,000
- AU$440 - For payment disputes of between AU$200,001 and AU$999,999
- AU$660 - For payment disputes of AU$1,000,000 and above.
All of the above fees include GST.
The fee will be required to be paid in advance of a nomination of an adjudicator. It is anticipated that the fee will be lodged with an Application for Adjudication, however if this does not occur, the applicant will be asked to lodge the fee before an appointment is made.
As dedicated members of the not for profit membership association for alternative dispute resolution, Resolution Institute, adjudicators appointed by Resolution Institute pay 15 percent of fees received from NT adjudications to Resolution Institute to enable the achievement of its vision for ‘a world where people resolve conflicts well’.
Let us find an adjudicator for you
Applications for appointment of an adjudicator can be lodged with Resolution Institute. Addresses for lodgement in the NT or in WA :
In the Northern Territory
Attention: Cris Cureton
C/- Squire Patton Boggs
Level 10 24 Mitchell St
Darwin NT 0800
In Western Australia
Attention: Kings Park Business & Secretarial Services
C/- 44 Kings Park Road
West Perth WA 6005
Complete the online form to use the Resolution Institute nomination service to appoint an adjudicator for you. Then, please submit your payment.