Lodging a security of payment adjudication application in NSW
Adjudication is a fast statutory determination of disputed payment claims. Strict time limits apply and the adjudication application must be accompanied by all submissions and supporting material the claimant intends to rely on.
This is an 8-step workflow for lodging an adjudication application under s 17 of the Building and Construction Industry Security of Payment Act 1999 (NSW), covering eligibility, content, and the adjudicator's determination pathway.
Before you start
- Valid payment claim served and records preserved
- Payment schedule (if any) analysed against the claim
- Nominating authority selection confirmed
- Supporting documents organised for submission
The workflow
Confirm trigger for adjudication
Confirm that the respondent has failed to pay the scheduled amount, provided an inadequate schedule, or failed to provide a payment schedule, giving a s 17 entitlement.
Diarise statutory windows
Diarise the applicable statutory window: 10 business days from payment schedule or 20 business days from the due date where no schedule is given, subject to the s 17(2) second chance notice where relevant.
Select nominating authority
Select an authorised nominating authority, consider their fees and track record, and prepare to lodge through their online portal.
Draft adjudication submissions
Draft submissions addressing contract, reference date, work, amount claimed, and responses to each reason for withholding payment in the payment schedule.
Assemble supporting material
Assemble contracts, variations, correspondence, programme records, site diaries, invoices, and expert or quantum evidence. Ensure documents are relevant, paginated, and referenced.
Lodge application and serve respondent
Lodge the adjudication application with the nominating authority and serve it on the respondent within the statutory period. Preserve proof of lodgement and service.
Manage adjudicator acceptance and response
Manage the adjudicator's acceptance, the respondent's adjudication response (5 business days where a schedule was given), and any further submissions directed by the adjudicator.
Receive determination and enforce
Receive the determination within 10 business days of acceptance (or as extended by consent), and enforce the adjudicated amount as a judgment under s 25.
What you will have at the end
An adjudication application lodged within the statutory window with complete submissions and supporting material, followed by a determination that can be enforced as a judgment debt.
Common issues
- Application lodged outside the statutory window
- New reasons for disputed amount raised after the payment schedule
- Supporting documents incomplete, leading to an unfavourable adjudication
- Authorised nominating authority not correctly engaged
- Enforcement stayed pending Supreme Court judicial review without contingency
Run this workflow on a real matter
Quillio drafts adjudication submissions, assembles the supporting pack, and diarises each statutory window under the NSW Act. See /practice-areas/commercial-lawyers or start a free trial.
This workflow is a general guide. SOPA adjudication varies between jurisdictions; this workflow focuses on the NSW Act.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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