Service
Adjudication
When they won't pay and give inadequate explanations as to why, adjudication forces the issue — a fast decision under the Security of Payment Act, usually within weeks, not months.
Adjudication under the Security of Payment Act — is this you?
Adjudication can assist anyone in payment disputes in NSW. Here's how it typically comes up.
What adjudication actually does
Adjudication is the enforcement mechanism built into the Building and Construction Industry Security of Payment Act 1999 (NSW). Instead of waiting on a court process that can drag on for a year or more, you can apply to have an independent adjudicator determine how much you're owed — and that determination is enforceable like a judgment debt. It exists because the Act assumes cash flow is the lifeblood of construction, and it's built for speed.
We prepare and lodge adjudication applications for head contractors, subcontractors and suppliers who've served a payment claim, received no payment schedule (or an inadequate one), and are ready to force a decision. We also prepare and lodge adjudication responses.
When it applies
You can generally apply for adjudication when a respondent fails to pay a claimed amount by the due date, fails to provide a payment schedule at all, or provides a payment schedule that proposes to pay less than what was claimed. Strict timeframes apply from the moment the payment claim is served or the payment schedule is received.
What we handle
We build the adjudication application around the evidence that actually moves an adjudicator: the contract, the payment claim, the payment schedule (or lack of one), variations, correspondence, and supporting documentation of work performed. We manage the application through to determination, and if the other side still won't pay once a determination is made, we help you enforce it. We also do the same for adjudication responses.
Track record
We've acted for parties across the payment chain in Security of Payment Act adjudications — including head contractors, subcontractors and tradespersons. Every matter is personally overseen, not handed off to a rotating cast of junior staff.
How long does adjudication take?
An adjudicator generally has 10 business days to determine a matter, running from the date the adjudication response is lodged (or, if none is lodged, from the end of the response period, or from the date the adjudicator's acceptance is notified in other cases) — longer if both parties agree to an extension. It's built to be fast compared with litigation.
What if they still don't pay after a determination?
A determination can be enforced as a judgment debt. We help you take the enforcement steps needed to convert a determination on paper into money in your account.
Do I need a lawyer to lodge an adjudication application?
No — but the strength of your application depends heavily on how the evidence and submissions are put together. A well-prepared application backed by the right documentation gives you the best chance of a favourable determination.
Why claimants and respondents choose Archer Lawyers
You deal with the lawyer running your application, not a call centre.
We do not refer work out. Our team sees matters through.
Straightforward guidance on your adjudication prospects, without unnecessary jargon.
Your lawyer
Who handles your adjudication application
Matthew Armota
Matthew Armota is the Principal of Archer Lawyers, bringing a depth of experience gained across boutique, national and international law firms to every matter he handles. He has acted for head contractors and subcontractors in multiple adjudication applications and responses under the Building and Construction Industry Security of Payment Act 1999, with a very high success rate.
“Known for pairing sharp technical skill with clear, commercially-minded advice clients can actually act on.”
What's included, and what we work toward
What's included
Outcomes we work toward
Get your free Adjudication review
Free. No obligation. Tell us a little about your situation and we'll call you back — usually the same business day.
Call direct — fastest option
(02) 9127 6656 · Mon–Fri, 8am–6pm AEST
“I approached Matt to represent me in proceedings involving defects and payment claims. He achieved an excellent outcome on my behalf. I was very pleased with his strategic guidance throughout the matter.”