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/Factsheet_print/Tradespeople/Building_industry_essentials/Security_of_payment/_Applying_for_adjudication.pdf
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Standard fact sheet.

Applying for adjudication 

Only a claimant can start adjudication, which determines the due amount (if any) for a payment claim. It is an independent, less formal process to help resolve a claim quickly and inexpensively.

When can I apply? 

You have 10 business days to lodge an application for adjudication, if you have:

  • not received a payment schedule within 10 business days of making a claim
  • not been paid the claimed amount by the due date
  • within 20 business days of the due date, notified the respondent that you intend to apply for adjudication
  • given the respondent a further 5 business days after serving the notice to provide a payment schedule or pay the claimed amount, and
  • still not been paid or received a payment schedule.

OR, if you have received a payment schedule, with an amount less than you claimed, you have 10 business days after receiving the payment schedule to apply.

OR, you have 20 business days from the due date to apply if you:

  • received a payment schedule
  • do not dispute the amount on the schedule, and
  • have not been paid the schedule amount in full by the due date.

See the 'Payment claim flow chart' in Related information on our Security of payment page.

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How much does it cost? 

Costs include adjudicator fees and expenses and the ANA's fees. Keeping issues simple and parties' submissions clear, concise and complete can minimise fees. The claimant and respondent pay equal adjudicator fees unless the adjudicator decides differently.

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How is the Authorised Nominating Authority (ANA) and adjudicator chosen? 

The claimant chooses an ANA who receives the adjudication application, nominates an adjudicator and can issue an adjudication certificate. To choose an ANA, check their fees and the adjudicator's likely expenses. Outline what issues your claim involves and the sort of adjudicator qualifications needed. The ANA then refers the application to an adjudicator who decides if they will accept it. See the list of ANAs at our Authorised nominating authorities page.

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How do I apply for adjudication? 

Any ANA can give you an adjudication application form. Your application must:

  • be in writing
  • request the nomination of an adjudicator
  • be lodged with the ANA within the required time
  • be served upon the respondent at the same time
  • be accompanied by any ANA's application fee
  • include a copy of the payment claim
  • include a copy of the payment schedule (if any)
  • include all information in support of the claim that you want the adjudicator to consider, and
  • include a copy of the contract.

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What happens after I apply for adjudication? 

After you submit your adjudication application, the ANA will contact an adjudicator from their panel of adjudicators considered best suited for your claim. If the adjudicator accepts, the claimant and respondent will be notified by the adjudicator. If they don't receive acceptance within 4 business days, the claimant can withdraw and then has 5 business days to reapply with another ANA.

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