Victorian Consolidated Legislation

Building and Construction Industry Security of Payment Act 2002 - SECT 18

Adjudication applications

18. Adjudication applications



(1) A claimant may apply for adjudication of a payment claim (an adjudication
application) if-

   (a)  the respondent provides a payment schedule under Division 1 but-

   (i)  the scheduled amount indicated in the payment schedule is less than
        the claimed amount indicated in the payment claim; or

   (ii) the respondent fails to pay the whole or any part of the scheduled
        amount to the claimant by the due date for payment of the amount; or

   (b)  the respondent fails to provide a payment schedule to the claimant
        under Division 1 and fails to pay the whole or any part of the claimed
        amount by the due date for payment of the amount.

(2) An adjudication application to which subsection (1)(b) applies cannot be
made unless-

   (a)  the claimant has notified the respondent, within the period of 10
        business days immediately following the due date for payment, of the
        claimant's intention to apply for adjudication of the payment claim;
        and

   (b)  the respondent has been given an opportunity to provide a payment
        schedule to the claimant within 2 business days after receiving the
        claimant's notice.





(3) An adjudication application-

   (a)  must be in writing; and

   (b)  subject to subsection (4), must be made to an authorised nominating
        authority chosen by the claimant; and

   (c)  in the case of an application under subsection (1)(a)(i), must be made
        within 10 business days after the claimant receives the payment
        schedule; and

   (d)  in the case of an application under subsection (1)(a)(ii), must be
        made within 10 business days after the due date for payment; and

   (e)  in the case of an application under subsection (1)(b), must be made
        within 5 business days after the end of the 2 day period referred to
        in subsection (2)(b); and

   (f)  must identify the payment claim and the payment schedule (if any) to
        which it relates; and

   (g)  must be accompanied by the application fee (if any) determined by the
        authorised nominating authority; and

   (h)  may contain any submissions relevant to the application that the
        claimant chooses to include.

(4) If the construction contract to which the payment claim relates lists 3 or
more authorised nominating authorities, the application must be made to one of
those authorities chosen by the claimant.

(5) A copy of the adjudication application must be served on the respondent.



* * * * *

(7) It is the duty of an authorised nominating authority to which an
adjudication application is made to refer the application to an adjudicator as
soon as practicable.

(8) An adjudicator to whom an application is referred under subsection (7)
must be a person who is eligible to be an adjudicator as referred to in
section 19.