Building and construction payment disputes
Security of Payment Act (SA) 2009 & Security of Payment Regulations (SA) 2011
The South Australian Building and Construction Security of Payment Act 2009 (the Act) aims to ensure that a person is entitled to receive, and is able to recover, progress payments if the person undertakes to carry out construction work, or supply related goods and services, under a construction contract.
Resolution Institute is approved as an Authorised Nominating Authority (ANA)* by the South Australian Minister of Small Business to nominate adjudicators under the Act. Resolution Institute has been nominating adjudicators under the Building and Construction Industry Security of Payment Act 2009 (SA) since January 2015.
Resolution Institute does not charge a fee for applications made under the Security of Payments Acts (SA) 2009, however the schedule for adjudicators fees depends on the quantum of the matter.
|Up to $9,999 (excl GST)||
Maximum $1,100 + GST
|Between $10,000 and $19,999 (excl GST)||Maximum $2,200 + GST|
|Between $20,000 and $199,999 (excl GST)||$220 + GST per hour (guide only)|
|Above $200,000 (excl GST)||$330 + GST per hour (guide only)|
*While the Minister for Small Business has recognised and listed Resolution Institute as an Authorised Nomination Authority on its website, the Building and Construction Industry Security of Payment Regulations 2011 continue to refer to the predecessor organisation of Resolution Institute, The Institute of Arbitrators and Mediators Australia (IAMA). Where IAMA has been listed as a nominating authority the applicable service can be provided by Resolution Institute which has been appointed by the Board of IAMA to administer IAMA operations.
As an Authorised Nominating Authority, Resolution Institute will nominate an adjudicator for you. We carefully consider the type of dispute, experience and knowledge required, accreditations or qualifications, location and price point to nominate an arbitrator to match your dispute. A fee applies to use the nomination service.
Complete the online form to use the Resolution Institute nomination service to appoint an adjudicator for you.
If you wish to serve documents in physical form, please serve the application at the following address (subject to local Public Health Orders in place at any given time due to the ongoing Covid pandemic):
213 Greenhill Road
Eastwood SA 5063
General Hours of Operation: Mon - Fri 8.30am to 5pm