Resolving disputes

South Australia

Building and construction payment disputes

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)* to nominate adjudicators under the Act. Resolution Institute has been nominating adjudicators under the Act since January 2015.

To find out more about the adjudication process, click here to go to the South Australian Small Business Commissioner's website.

To access a copy of the Act, click here


Let us choose an adjudicator for you

Complete the online form to use the Resolution Institute nomination service to appoint an adjudicator for you.

Resolution Institute will assess your matter and appoint a suitably qualified and experienced adjudicator.

Complete the online form

If you are unable to lodge online, you can submit your application by:

  • Email: to nominations@resolution.institute (with all supporting documents attached in readable formats e.g. PDF, Excel, etc.)
  • Fax: to +61 2 9251 3733
  • Or lodge in hard copy to the address below:
Greenhill Executive
213 Greenhill Road
Eastwood SA 5063
Tel: +61 8 8274 3700
Opening hours: 8.30am to 5.00pm, Monday to Friday

Fees

Resolution Institute does not charge an application fee to make an application for adjudication under the Act. However, the schedule for adjudicators' fees depends on the quantum of the payment dispute.

Quantum Adjudicator fee
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 Nominating Authority on its website, the Building and Construction Industry Security of Payment Regulations 2011 continue to refer to a predecessor organisation of Resolution Institute, the Institute of Arbitrators and Mediators Australia (IAMA). Where IAMA has been listed as a nominating authority the nomination service can be provided by Resolution Institute which has been appointed by the Board of IAMA to administer IAMA's operations.