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VICTORIA • Adjudicator - Building and Construction Industry Security of Payment Act

The Adjudicator is a "natural person" not a party to the contract.

The adjudication process is as follows:

  • The Claimant provides an adjudication application to an ANA (Claimant) with a copy being sent to the Respondent at the same time.

  • If the Claimant and the Respondent fail to agree on an Adjudicator the Claimant may select an ANA to nominate an Adjudicator and the Adjudicator shall accept the nomination within four (4) business days of the ANA receiving the application by sending a "Adjudication Acceptance " to both the Claimant and the Respondent.

  • If the Respondent has provided a valid payment schedule under the Act the Respondent can provide an adjudication response within 5 business days of receiving the Claimant’s adjudication application or within 2 business days of receiving the Adjudicator’s acceptance, whichever time expires later.

  • Based on the adjudication application, the adjudication response, the contract and the Act the Adjudicator must make an adjudication determination within 10 business days. This time can be extended only if both parties agree.

  • It is the adjudicator’s choice to call an adjudication conference however it is not a normal practice. An adjudicator may elect not to communicate at all with the parties during the adjudication determination process.

  • The Adjudicator is to determine the amount of the payment claim to be paid by the Respondent to the Claimant, the date on which any such amount became or becomes payable and the interest rate payable on any such amount.

  • The adjudication determination will not normally be released until such time as the Adjudicator’s fees are paid in full.

If assistance or further information is required please contact us on 1300 722 624

 
 
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