Rialto Adjudications Pty Ltd is an Authorised Nominating Authority (ANA) under the Building and Construction Industry Security of Payment Act 2002 (Vic).
We are authorised by the Victorian Building Authority (VBA) to provide information to the public on the operation of the Act, and to nominate adjudicators.
In 2002 the Victorian Government introduced the Act, in response to industry concerns that sub-contractors’ cash-flows were being impacted by unlawful deductions or reductions of payment claims, by head-contractors or principals.
The Act provides a fast, inexpensive, “on account” mechanism to resolve payment disputes in the building and construction industry, and applies to any “construction contract” or “related goods and services”, as defined in Sections 5 and 6, including contracts whether written or oral.
Under the adjudication process created by the Act, an adjudicator assess the submissions and material provided by the parties and issues a written Adjudication Determination. The Determination is usually completed within 10 business days after the Application. This may be extended to up to 15 business days, with the agreement of the Claimant.
If the Respondent has not made full payment within 5 business days of the release of the Determination (or any later date that the adjudicator determines to be the due date for payment), the Claimant may request from the ANA an Adjudication Certificate and file that Certificate at the appropriate Court as a Judgement.
There are strict requirements and time limits under the Act that apply to both parties. Please review the information on our Resources page or give us a call to discuss the requirements of the Act.
Since 2007 Rialto Adjudication have handled over 500 Applications for Adjudication in Victoria.