Vic Adjudication Response Not Permitted

Is the Respondent entitled to serve an Adjudication Response?

Failure to serve the Payment Schedule and/or Performance Security Schedule within time has the serious consequence of denying the Respondent the opportunity to make any submissions (the Adjudication Response) to the Adjudicator. Often, but not always, an Adjudicator confronted with no submissions from the Respondent may determine that the Claimant is entitled to the full amount claimed.

Is there anything at all that a Respondent can do?

An adjudicator may only determine an Adjudication Application which is within the jurisdiction of the Act. Failure to provide a Payment Schedule does not automatically mean the claim will be awarded. An obligation still rests with the Adjudicator to consider the requirements of the Act, and to be satisfied that the work has been done and is properly valued. Therefore, the claimant must satisfy the adjudicator of certain key components in any claim, including:

• the applicable documents were served on the Respondent within the time requirements of the Act;
• there was a construction contract in existence between the parties for work in the State of Victoria;
• work was performed under the contract which remains unpaid;
• the rate at which the work is to be remunerated and how the total amount claimed is calculated.

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