NSW: Claimant Serves the Adjudication Application

Not Served

A copy of the adjudication application and all attachments or other things accompanying it must be served on Adjudicate Today and the respondent at the same time.

How is an adjudication response served on Adjudicate Today?

Both Adjudicate Today and the claimant should be served with identical adjudication responses on the same day.

Service on Adjudicate Today will be effected by any of the following methods:

  1. Electronic File Delivery via Lockbox. You can send very large electronic files which have been zipped 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. Once files complete uploading, they are acknowledged within minutes by an automated date and time stamped email. If the date and time stamped email is not received, there has been a problem uploading. Please phone our office: 1300 760 297 or email: nsw@adjudicate.com.au

    Click here for details on establishing a free Lockbox account


  2. Electronic File Delivery via Email: nsw@adjudicate.com.au

  3. Electronic File Delivery via Fax: 1300 760 220. Adjudicate Today permits service of adjudication applications, notices and other documents by fax.

    Following any form of electronic file delivery (Lockbox, email or fax), Adjudicate Today should receive an identical hard copy of all files within one business day of electronic delivery. Please read our disclaimer for details on rights and obligations for the delivery of electronic files.

  4. Physical Delivery. We accept delivery in any of our Australian offices (normal business hours). Our NSW address is Suite 2, Mona Vale Business, 90 Mona Vale Road, Mona Vale 2103.
    A map to the office and addresses of other State offices are found on our Contact Us page.

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

How is an adjudication response served on the claimant?

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 claimant for the services of notices. 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:

  • Claimants are strongly advised to keep a record of the time, date and manner of service on the respondent. The time for the respondent to provide the adjudication response runs from the date of receipt of the adjudication application. A respondent may deny receipt of the adjudication application in which case the claimant 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 respondents 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.

It is most important that the claimant keeps a record of the time, date and manner of service on the respondent as time runs from the date of service.

Upon receipt of the application, Adjudicate Today nominates an appropriate adjudicator from our panel of registered adjudicators to determine the matter. Adjudicators cannot be pre-appointed under a construction contract and may only be appointed by an ANA to adjudicate on a claim. Parties have no right to attempt to influence the ANA in the selection of the adjudicator.

Within 4 business days of receipt of an application, Adjudicate Today will provide a formal Notification of Acceptance of the adjudication application on behalf of the appointed adjudicator. If this does not occur the claimant can withdraw the application and has a further 5 business days to lodge an application with another ANA.

From 28 February 2011, amendments to the Act allow subcontractors who are making an adjudication application to make a payment withholding request on the principal contractors to freeze payments to non-paying contractors.

That seems interesting, tell me more about a payment withholding request

Please move to the next step on the NSW flowchart being "Respondent has no right to serve an Adjudication Response".

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