Guide
How to Prepare an Adjudication Application: A Step-by-Step Guide
Once you're eligible to adjudicate, the strength of your application is what decides the outcome. Here's what actually goes into a strong one.
An adjudication application must be served within the statutory time limit and needs to present your evidence and submissions clearly, since (with narrow exceptions) you generally can't introduce new material once it's lodged.
Being eligible to adjudicate is only the starting point. Adjudicators decide matters on the papers, generally within days, so the strength of your application on the day it's lodged matters far more than in most other kinds of dispute resolution. There's usually no opportunity to fill gaps later.
Confirm eligibility and the time limit first
Adjudication applications must be made within a strict time limit, and there are three distinct pathways rather than two: 10 business days after receiving the payment schedule, where one was provided but the scheduled amount is less than claimed; 20 business days after the due date, where a schedule was provided but the scheduled amount wasn't paid; or, where no payment schedule was served at all, a notice of intention must first be served within 20 business days of the due date, followed by 10 business days to apply once the notice period ends. Missing the applicable window generally can't be fixed, so confirming the correct pathway and deadline is the first, non-negotiable step. The application must also be served on the respondent and accompanied by any fees required by the authorised nominating authority. And if the adjudicator doesn't determine the application in time, you can withdraw and lodge a fresh application within 5 business days of becoming entitled to withdraw.
Assemble the contract, the claim, and the supporting evidence
A strong application brings together the construction contract, the payment claim as served, the payment schedule if one was provided, and the evidence supporting the amount claimed, such as measurement records, variation approvals, site diaries and correspondence. Adjudicators work to tight statutory timeframes and generally decide on what's in front of them.
Structure submissions so they're easy to follow under time pressure
An adjudicator may be dealing with your application alongside several others, on a short statutory clock. Submissions that clearly map each claimed item to its supporting evidence, rather than a single narrative document, tend to fare better than submissions that require the adjudicator to do that mapping themselves.
Directly address every reason in the payment schedule
Where a payment schedule was provided, your application needs to respond to each reason given for withholding payment. Leaving a reason unaddressed can be read as accepting it, even where you clearly disagree.
How this applies across NSW
Sydney metro
On larger, document-heavy projects around Sydney CBD and the North Shore, the evidence-assembly stage is usually the most time-consuming part, particularly for claims involving multiple variations. For our broader construction law services in these areas, see Archer Lawyers' Sydney CBD and North Shore pages.
Regional NSW
On regional projects around Wagga Wagga and Nowra, record-keeping is often less formal, which makes assembling clear supporting evidence, rather than the legal argument itself, the harder part of the application. For our broader construction law services in these areas, see Archer Lawyers' Wagga Wagga and Nowra pages.
Frequently asked questions
How long do I have to lodge an adjudication application?
It depends on the pathway: 10 business days after the payment schedule if one was provided but underpaid, 20 business days after the due date if a schedule was provided but unpaid, or a notice-of-intention route if no schedule was served at all. Confirm your specific pathway and deadline before doing anything else.
Can I add new evidence after lodging?
Generally no. Adjudicators decide based on what's properly before them, which is why assembling the full picture before lodging matters so much.
Do I need a lawyer to prepare an adjudication application?
No, but the compressed timeframe and the no-new-evidence rule mean a well-prepared application has a real, measurable advantage over a rushed one.
What if the respondent didn't give any real reasons in their payment schedule?
That can work strongly in your favour, since a respondent is generally confined to the reasons given, but your application still needs to make that point clearly.
How is the adjudicator chosen?
Through an authorised nominating authority, which appoints an adjudicator from its panel once an application is lodged with it.
If you're ready to apply for adjudication, or want your evidence reviewed before you lodge, contact our team for a free assessment.