Vic Adjudication Determination

The adjudicator must determine the adjudication application:

1. within 10 business days after appointment or the latest day on which the respondent may lodge an adjudication response, whichever is the later date; or
2. within an extended period (not exceeding 20 business days) if the claimant and the respondent agree.

What can the Adjudicator consider?

In reaching a determination, the adjudicator will consider:

• the Building and Construction Industry Security of Payment Act 2002 (Vic);
• the construction contract (oral or written);
• the Payment Claim and/or Performance Security Claim;
• the Payment Schedule and/or Performance Security Schedule (if any);
• the Adjudication Application;
• the Adjudication Response (if any);
• the results of inspections (if any); and
• any other further submissions which the adjudicator allows the parties to make, if submitted within strict timeframes.

In unusual circumstances, the Adjudicator may decide in his or her discretion that either a conference or an inspection or both is required before finalising a determination.

The Adjudicator will determine

• the amount of the progress payment, if any, which the Respondent must pay/release to the Claimant;
• the date on which the amount is due for payment and/or release;
• the rate of interest payable; and
• the proportion of adjudicator fees payable by each party.

If the work or goods or services has already been valued in a previous adjudication, the same value must be attributed, unless the adjudicator is satisfied that the value has changed since the previous adjudication.

An Adjudicator cannot determine that the Claimant will pay the Respondent money. However, set-offs or deductions to the value of the Claimant's claim may be decided. An Adjudicator will not award an amount greater than the amount claimed.

How is the Determination communicated?

Adjudicate Today will issue notification to both parties of the delivery of the Determination, and an invoice to the Claimant for the Adjudicator’s fees. Upon full payment of the invoice, Adjudicate Today serves the Determination on both the Claimant and the Respondent.

What happens after the Determination is served on the parties?

Once the Respondent makes full payment to the Claimant, including adjudicator fees and any interest, the payment process under the Act is complete.

If the Respondent does not pay/release the Adjudicated Amount, the Claimant may submit a Request for an Adjudication Certificate to Adjudicate Today, in order to commence enforcing the adjudication determination.

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