VIC: Respondent Provides Additional Reasons
If the adjudicator considers the respondent has included additional reasons in the adjudication response for non payment beyond those provided in the payment schedule, the adjudicator must serve a notice on the claimant setting out those reasons and stating that the claimant has 2 business days to lodge a response to those reasons to the adjudicator.
Some respondents think they can ambush the claimant by saving up their reasons for withholding payment until they lodge their adjudication response.
This may backfire:
- A payment schedule must contain some reasons to be valid.
- The claimant will have the last say and will often seek to comment further on all reasons contained in the adjudication response - not only the new reasons.
- This approach effectively denies an adjudicator 2 of the 10 business days to complete the determination. The sooner an adjudicator is made aware of a reason, the more time the adjudicator has to be satisfied of the soundness (or otherwise) of the reason.
Please move to the next step on the Victorian flowchart being "Adjudication Determination".