Vic Respondent Prepares & Serves Adjudication Response

Lodging the Adjudication Response

1. An adjudication response must be served on the adjudicator on or before the later of:
   • 5 business days after the respondent received a copy of the adjudication application; or
   • 2 business days after the respondent received notice of the adjudicator's acceptance of the adjudication application.
Service on the adjudicator occurs via AT. Review our Service of Documents webpage for instructions on how to serve AT.

2. The respondent must serve a copy of the response on the claimant within 3 business days after lodging the response with the adjudicator. The respondent should provide written notification to AT as to the date of service of the adjudication response on the Claimant, including the AT reference number. Click here for information on service.

Neither Adjudicate Today (AT) nor the adjudicator may extend these time frames which are specified by the Act. An adjudicator cannot take into account an adjudication response which is received late.

What is an Adjudication Response?

An Adjudication Response is the Respondent’s reply to the Claimant’s Adjudication Application.

An Adjudication Response:

1. must be in writing; and
2. must identify the Adjudication Application to which it relates;
3. must include the name and address of any relevant Principal of the Respondent and any other person who the Respondent knows has a financial or contractual interest in the matters the subject of the Adjudication Application; and
4. may contain submissions that the Respondent chooses to include, but may not contain a reason why the Respondent did not (i) include the whole amount of the claimed amount in the Payment Schedule , or (ii) offer to release the whole or part of the performance security, if that reason was not included in the Payment Schedule and/or Performance Security Schedule; and
5. may only be lodged if the Respondent has served on the Claimant, a Payment Schedule and/or Performance Security Schedule within time.

Prepare your Adjudication Response using our Lockbox webpage. Alternatively download a PDF template of an Adjudication Response.

What should a Respondent include in an Adjudication Response?

An Adjudication Response should:

• Elaborate on reasons given in the Payment Schedule and/or Performance Security Schedule for refusing to pay or withholding payment of any amount. Documents necessary to evidence or support those reasons should be attached. These may include expert reports and photographs evidencing defective work and statements from witnesses.
• Contain submissions relevant to the response. If documentation other than that provided in the adjudication application are referenced, those documents should be attached to the response.
• Respond to issues raised in the Adjudication Application. Such issues could include that the Claimant is not entitled to claim amounts additional to those in the Payment Claim and/or Performance Security Claim.

Submissions are essentially arguments in support of the Respondent's case. They may include legal arguments, arguments on the interpretation of the contract or other documents. The submissions should explain why a document has been submitted. The Adjudicator cannot simply accept that something said by the Respondent in a letter or minutes of a meeting or other document is true. In the submission the Respondent should state that it is true and provide evidence.

The overall submission should be concise, clearly written and set out the respondent's arguments and reasons. Remember the submission should always link back to any agreement/documentation, photos, technical/legal reports which support the respondent's reasons set out in the payment claim.

Tips:

• Review a list of the most common mistakes made by Respondents during the Adjudication process.
• Respondents are strongly advised to keep a record of the time, date and manner of service of the Adjudication Response on the claimant.

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