Responding to an Adjudication Application: A Guide for Respondents

Being served with an adjudication application starts a short, strict clock. Unlike a court proceeding, there's generally no ability to seek an extension, and the reasons you can rely on are largely limited to what was already in your payment schedule.

The time limit is genuinely strict

An adjudication response must be lodged within the later of 5 business days after receiving a copy of the application, or 2 business days after receiving notice of the adjudicator's acceptance — and a copy must be served on the claimant at the same time it's lodged. Critically, you're only entitled to lodge a response at all if you provided a payment schedule within the time allowed under section 14(4), or under the section 17(2)(b) second-chance window that follows a claimant's notice of intention to apply for adjudication. This is one of the clearest illustrations of why the payment schedule deadline matters so much earlier in the process.

You're generally confined to the reasons in your payment schedule

The restriction only bites on reasons for withholding payment — an adjudication response can still include any other submissions relevant to the response, such as on jurisdiction or valuation methodology. But on reasons for withholding payment specifically, you generally cannot rely on anything that wasn't included in the payment schedule. If your payment schedule was thin on detail on that front, your response is constrained by that, regardless of what stronger arguments might exist.

Building the strongest case within those limits

Within the reasons already raised, a response should marshal the clearest available evidence: contract terms, correspondence, site records and expert input where relevant. The goal is to give the adjudicator a complete, well-supported picture of each reason already on the table.

How this applies across NSW

Sydney metro

Respondents on complex projects around the Eastern Suburbs and Parramatta often need to pull together technical or expert evidence quickly within the short response window, which is where preparation time is most valuable. For our broader construction law services in these areas, see Archer Lawyers' Eastern Suburbs and Parramatta pages.

Regional NSW

Respondents around Newcastle and the Central Coast are often responding without the benefit of having had legal input on the original payment schedule, which makes reviewing exactly what was and wasn't raised there an essential first step. For our broader construction law services in these areas, see Archer Lawyers' Newcastle and Central Coast pages.

Frequently asked questions

How long do I have to respond to an adjudication application?

The later of 5 business days after you receive a copy of the application, or 2 business days after you receive notice of the adjudicator's acceptance. Act immediately once you're served.

Can I raise a new defence I didn't include in my payment schedule?

Generally no, for reasons relating to withholding payment. Other submissions, such as on jurisdiction or valuation methodology, aren't restricted in the same way.

What if I never served a payment schedule at all?

You generally cannot lodge an adjudication response unless you served a payment schedule within the time allowed under section 14(4) — or the later section 17(2)(b) second-chance window — which is why the earlier payment schedule deadline is so important to meet.

Can I get an extension of time to respond?

Generally no. The timeframes are set by the Act and don't flex for convenience, so getting advice immediately after being served matters.

What happens if I don't respond at all?

The adjudicator decides based on the application alone, which places you in a considerably weaker position than if a response had been lodged.

If you've just been served with an adjudication application, time matters. Contact our team for a free assessment.