Vic Claimant Enforces the Determination

This section describes the process of converting an adjudication determination to a judgment of the Court and having it enforced.

1. Obtain an Adjudication Certificate from Adjudicate Today by submitting a Request for an Adjudication Certificate Form.
2. Take the certificate to the appropriate Court and complete an affidavit form, available at court or online. The affidavit should address matters including whether any money has been paid to you by the Respondent which would reduce the amount owed by virtue of the adjudication determination.
3. With assistance of Court Registry staff, have the Adjudication Certificate registered as a judgment of the Court. This judgement will result in obtaining a money order, known as a debt certificate.
4. Select an option for enforcement of the debt certificate. Legal advice or other assistance may be sought. Court Registry staff cannot assist in this decision.
5. Commence your chosen enforcement option at the appropriate Court with the assistance of Court Registry staff.

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

Claiming against the Principal

Where the respondent continues not to pay and/or release the whole or part of the adjudicated amount, a subcontractor can also recover the adjudicated amount out of money that is payable to a head contractor by its principal for construction work or goods and services that the principal engaged the head contractor to carry out. i.e. the subcontractor can require the principal to pay the amount owing money to them and not the head contractor.

Before a subcontractor can obtain the money owed from the principal:

• a debt certificate must have been issued by a court; and
• the subcontractor must serve a Notice of Claim on the principal. This operates to assign to the claimant the obligation of the principal to pay the money owed under its contract to the respondent.

Once a notice of claim is served, the principal must pay the claimant the money that it owes the respondent. If the principal fails to pay, the claimant may sue the principal to recover the debt in court.

This process commences by serving a Notice of Claim as provided by Regulation 7 of the Building and Construction Industry Security of Payment Regulations. Other relevant forms for discharging the notice and for notification to the principal are also found in the Regulations.

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