Security of Payment adjudication application checklist
NSW SOPA adjudication lets a claimant seek a fast determination of a payment claim by an authorised adjudicator. This checklist is for construction lawyers preparing an adjudication application under the Building and Construction Industry Security of Payment Act 1999.
This is a 12-step checklist for preparing a Security of Payment adjudication application in NSW. It covers eligibility, timing, submissions, and ANA nomination.
The checklist
Confirm entitlement
Confirm the claimant has served a compliant payment claim and one of the statutory triggers is met.
Check trigger circumstances
Identify whether the trigger is no payment schedule, disputed schedule, or unpaid scheduled amount.
Calculate application deadline
Calculate the deadline to apply — 10 business days after disputed schedule or 20 business days after no schedule notice.
Serve second chance notice if required
If relying on no schedule, serve a notice of intention to apply under s 17(2).
Nominate ANA
Select an authorised nominating authority to refer the application to an adjudicator.
Draft adjudication application
Draft a written application setting out the claim, response, and legal basis.
Attach payment claim
Attach the payment claim and any payment schedule received.
Attach contract
Attach the construction contract and key correspondence.
Attach supporting evidence
Attach invoices, progress photos, programs, and variation records.
Pay adjudication fee
Pay the adjudication application fee to the ANA.
Serve respondent
Serve the application on the respondent as required by section 17(5).
Diarise response deadline
Diarise the respondent's deadline for an adjudication response.
When this checklist applies
Use when preparing an adjudication application after a payment claim has been disputed or unpaid.
Common pitfalls
- Missing the 10 or 20 business day window
- Second chance notice not served when required
- Application submissions not addressing the whole claim
- Supporting documents incomplete
- Service on respondent defective
Run this checklist on a real matter
Quillio can prepare a SOPA adjudication application and track statutory deadlines. See /practice-areas/construction-lawyers or start a free trial.
General guidance for NSW SOPA adjudication. Always verify against current NSW legislation and case law.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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