The definition of “Adjudication” is: to settle judicially.
Adjudication of a building and construction dispute can occur when an Adjudicator is empowered by the relevant state legislation to determine the outcome of such an application only if he has jurisdiction under that legislation.
For example, the Building & Construction Industry Security Of Payment Act 1999 (the “Act”), the New South Wales legislation firstly requires the existence of a construction contract to enable the Act to be invoked. This means that if there is no contract, agreement or arrangement between two parties then a claimant cannot invoke the powers of the Act which would give an adjudicator the necessary jurisdiction to deal with claim for payment judicially.
RECOUP Contractor Debt Recovery aims to keep all stakeholders in each state up to date with changes and developments in each state’s legislation that impact claiming payments for building and construction work and preparing and applying for adjudication und the Security Of Payments Act.
RECOUP Contractor Debt Recovery provides information and assistance in respect of the Security Of Payments Act adjudication process regarding the following legislation:
New South Wales: “Building and Construction Industry Security of Payment Act 1999″ (Security Of Payments Act NSW)
Victoria: “Building and Construction Industry Security of Payment Act 2002″ (Security Of Payment VIC)
Queensland: “Building and Construction Industry Payments Act 2004″ (BCIPA QLD)
Australian Capital Territory: “Building and Construction Industry (Security of Payment) Act 2009″
South Australia: “Building and Construction Industry Security of Payment Act 2009″
Tasmania: “Building and Construction Industry Security of Payment Act 2009 (No.86 of 2009)”