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The adjudication process, in relation to the Queensland building and construction industry, was introduced in October 2004. It is a dispute resolution process that grants claimants the statutory right to receive progress payments, and explicitly legislated within the Building and Construction Industry Payments Act, 2004. To be eligible for access to the adjudication dispute resolution process there are a number of criteria that must be satisfied. Adjudication can only be chosen as a route if the claimant submits a valid payment claim to the entity, under the contract, that is liable to make payment (the respondent). Consequently, a claimant must have an eligible contract related to construction or the supply of related goods and services in order to utilise the adjudication process, whether or not it is written, oral, part-written or part-oral. A respondent must either provide payment, or provide what is known as a payment schedule, which details reasons, if any, for not providing full payment of the payment claim. If any of these scenarios is not completed, the claimant may have the option to apply for adjudication.
An adjudication will be decided by a registered adjudicator within strict time limits (10 business days), and a decision on whether the claimant is due payment will be issued. If the adjudication decided in favour of the claimant, they have the option of securing the outstanding payment by requesting an adjudication certificate, and securing a lawfully enforceable judgement debt against the respondent.
Access our Queensland Adjudication Knowledge Base.
An important resource on the Queensland Act is contained within the Annotated BCIPA Online
The DRS also offer first-class training on the Act through our Intensive Training Course programs. These day long courses can provide you with detailed and praticle information on how you can use the Queensland Security of Payment legislation to your advantage.
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