Responding to Adjudication Application

 

  • When an Adjudication Response must be lodged
  • What an Adjudication Response must, may and may not contain
  • A copy of the adjudication Response must be served on the claimant

A respondent who has been served with an adjudication application may respond to that application by providing an adjudication response to the adjudicator.

 

An adjudication response may only be provided to the adjudicator if the respondent has served a valid payment schedule in accordance with the SOP Act.

 

When an Adjudication Response must be lodged

An adjudication response may be lodged with the adjudicator at any time within:

  • 5 business days after receiving a copy of the application; or
  • 2 business days after receiving notice of an adjudicator’s acceptance of the application

Whichever time expires later.

 

What an Adjudication Response must, may and may not contain

An adjudication response must:

  • Be in writing
  • Identify the adjudication application to which it relates
  • Include the name and address of any relevant principal of the respondent and any other person who the respondent knows has a financial or contractual interest in the matters that are the subject of the adjudication application

An adjudication response may:

  • May contain any submissions relevant to the response that the respondent chooses to include, including any relevant supporting documentation.

An adjudication response may not contain a reason why the respondent did not:

  • Include the whole of the claimed amount in the payment schedule served on the claimant under section 15 or 18(2A) if that reason was not set out in the payment schedule
  • Offer to release the whole or part of the performance security in the performance security schedule served on the claimant under section 17E or 18A(3) if that reason was not set out in the
    performance security schedule.

 

A copy of the adjudication Response must be served on the claimant
If the respondent lodges an adjudication response with the adjudicator, the respondent must serve a copy of the response on the claimant within 3 business days after lodging the response with the adjudicator.

 

DOWNLOAD
Adjudication Response – Sample Form