NSW: Respondent Serving the Adjudication Response

A copy of the adjudication response and all attachments or other things accompanying it must be served on Adjudicate Today (as the authorised agent of the adjudicator) and the claimant at the same time and within time.

"Within time" means on or before the latter of:

  • 5 business days after the respondent received a copy of the adjudication application; or
  • 2 business days after the respondent received notice of the adjudicator’s acceptance of the adjudication application.

Neither Adjudicate Today not the adjudicator may extend these time frames which are specified by the Act. An adjudicator can't take into account an adjudication response which is received late.

How is an adjudication response served?

Both Adjudicate Today and the claimant must be served with adjudication responses which are identical in content.

The adjudication application may be served on Adjudicate Today by any of the following methods:

  1. Electronic File Delivery via Lockbox. You can send very large electronic files directly to Adjudicate Today. All files are encrypted and sent over a secure connection. They are held in your personal 'Lockbox'. Only you and Adjudicate Today authorised staff can access your Lockbox. We strongly recommend it over email as email may not be received. All uploaded files are acknowledged by an automated email within a couple of minutes. As with email, Adjudicate Today should receive an identical hard copy of all files within two business days of electronic delivery. Please read our disclaimer for details on rights and obligations for the delivery of electronic files.

    Click here for details on establishing a free Lockbox account

  2. Physical Delivery. We accept delivery in any of our Australian offices (normal business hours). Addresses are found on our Contact Us page

  3. Email. nsw@adjudicate.com.au or help@adjudicate.com.au

  4. Fax. 1300 760 297. Adjudicate Today permits service of adjudication applications, notices and other documents by fax,

In special circumstances, it may be possible to serve in person on Adjudicate Today outside of business hours. Phone 1300 760 297 before 4:00pm to apply for special arrangements.

At the same time, the respondent should be served in accordance with any contract provision or served in accordance with the Act.

Service on the claimant should occur during normal business hours, at the claimant's ordinary place of business or as otherwise required by the contract. In the absence of a contrary contract provision, the safest way of ensuring service is to serve by courier with instruction to obtain a signed receipt. In our experience, below is the safest ranking to ensure service:

  1. Courier - signature required
  2. Mail - Express Post: keep express post tracking number for delivery verification
  3. Platinum Post - Signature required
  4. Ordinary Post - Make a statement verifying the address, date of postage and other relevant details
  5. Email (only to an email address which is specified by the person for the services of notices of that kind - generally the claimant). In email options, we advise tick both "request a delivery receipt" and "request a read receipt"
  6. In person - Ensure a receipt is obtained or
  7. A different method only where such method is provided under the relevant construction contract. Please note that service by fax is only valid if provided by the contract. If service by fax is permitted, print and keep full page fax journal report as evidence of transmittal.

Tips:

  • Respondents are strongly advised to keep a record of the time, date and manner of service on the claimant. A claimant may deny receiving a payment schedule in which case the respondent must be able to evidence the date of service.
  • When items are sent by ordinary post, allow sufficient time for them to be received. Generally, items sent by ordinary post are deemed to be received on the fourth working day after posting. We recommend against post as claimants have denied receipt..
  • Should fax be permitted by contract as a form of service, ensure you retain the full page fax receipt and refrain from sending colour photographs, and plans as they are generally rendered unreadable. Lengthy faxes have been known to lose pages in transmission.

Please move to the next step on the NSW flowchart being "The Adjudicator has 10 business days from the date of acceptance of the Application to determine it. Time may be extended by agreement of both parties".

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