How to respond to an Application for Adjudication
When a principal has been served with an application for adjudication it must prepare and serve within 14 days a written response to the application on the contractor and the adjudicator.
The response must set out or attach details of the rejection or dispute in relation to the payment claim and attach all the information related to the dispute.
The Adjudication Process
The adjudicator is required to determine the payment dispute within 14 days of the date of the service of the response, or if there was no response, 14 days after the last date on which the response was required to be served.
The adjudicator may dismiss the application without considering the merits of the application if:
- the contract is not a construction contract;
- the application has not been prepared and served as required;
- a finding has already been made; or
- the matter is too complex and there is not enough time to make the determination.
The determination made by the adjudicator must be in writing, comply with the WA Regulations and give the reasons for the decision in the adjudication. It must set out the amount to paid and the date by which it must be paid, including interest, or in the case of security to be returned, the date by which it must be returned and any interest.
The determination will be binding on the parties, even if there are other proceedings relating to the dispute and payment (if any) must be made by the date specified in the adjudicator’s determination.
BCGreen is a Registered Adjudicator under the Act and offers Preparation of Applications for Adjudication and the Preparation of Responses to Applications for Adjudication.