How we can help
We are not lawyers
We are not lawyers and do not offer general legal advice, consequently we
do not charge like lawyers. We are a specialist advisory service for contractors
and suppliers wishing to make claims and subsequent adjudication applications
as prescribed under the Building and Construction Industry Security of Payments
Act 1999.
We can show you how to use the Act to force payment due to you, without being
caught in the tangled web that surrounds our legal system. The adjudication
process is designed to avoid the court system and the prohibitive associated costs of
preparing of presenting cases.
Advice before a dispute
As everyone running their own business knows good results are born of good
planning and consistent procedures.
We can tell you how to best structure your business interface
with your clients so that in case of a problem over payment, you are in a strong position
to make a successful application under the act.
We offer advice as how to best format your claims for optimum
results should you choose to make an application sometime down the track.
Before you make a claim contact us for a free assessment as to its validity
and also our view as to the chances of success in making your application.
Time is your only enemy, as the Security of Payment Act waits for no one.
Professional applications
While the Act has been designed to be simple and effective to use, like
all legal processes there are lots of hoops to jump through and time requirements
to be met. If proper process is not followed the claim may become invalid
and will either not be accepted or not determined by the adjudicator.
The reality is that nearly 40% of adjudication applications are not determined
because they are invalid under the Act. More particularly as the claimant
generally only gets one chance to present his case to the adjudicator,
it is critical that the application is well prepared, contains all the relevant
documentation and is formatted with respect to the relevant sections of
the act.
Simply being in the right is not enough to for an adjudicator to determine
in the claimant’s favour.
It is our experience that many very strong claims are lost because
of poor applications that are confused and incomplete despite claimants
obviously spending many days preparing them. Contact
us for help
Conversely many claimants tend to over claim and receive little or nothing
as a result. It is not the role of the adjudicator to go out of his way to deliver what
he sees as justice. Rather the adjudicator must be convinced by the application and the
relevant documentation supporting the application that the claimed amount is due under
the contract.
Once an adjudicator has made a determination as to the value of a particular
good or service, under s22 (4) of the Act there can be no revaluation
of those goods or services. It is therefore very important to get the application
right the first time.
Fixed price applications
We offer a fixed fee service for preparing professional adjudication
applications. We believe that should the application be unsuccessful
then our client cannot be expected to pay for our failure therefore
our fees are structured accordingly.
You will only pay when we successfully deliver your progress payment. More over we believe
that should the application be unsuccessful then our client cannot be expected to pay for
the service.
Adjudication certificates
Occasionally the respondent may not pay as directed by the adjudicator. Should this occur the claimant would apply to the ANA for an Adjudication Certificate, the certificate is made for the total of the determination plus any costs paid by the claimant. The certificate can be redeemed at the appropriate court as a Judgement debt. Upon serving the Judgement debt and required documents the respondent has 21 days to pay the full amount or the company wound up or if an individual made bankrupt.
Fees
Fees are strongly dependent on the size and strength of the claim, the quality of records kept and the position of the respondent. Fees will be fixed and clear before you engage our services. Contact us for a quotation now.
