Apply for adjudication
Time limits apply when seeking to resolve a payment dispute through adjudication. It is important to not delay when preparing and lodging your application.
Who can apply
Anyone who has carried out construction work or supplied related goods or services under a construction contract in Queensland can use the adjudication process to try and resolve a payment dispute. This includes payment disputes between:
- contractors, subcontractors, sub-subcontractors
- developers, head contractors
- suppliers and manufacturers
- engineers, architects and other industry related service providers
- owner builders.
You can apply for adjudication if you give a payment claim for construction work or related goods and services and you either
- receive a payment schedule and you disagree with it
- receive a payment schedule but you’re not paid in full by the due date
- are not paid in full by the due date and you don’t receive a payment schedule.
When adjudication cannot be used
Under a construction contract, the adjudication process cannot be used when:
- the contract forms part of a loan agreement, contract of guarantee or a contract of insurance
- the contract is for domestic building work and the contract is with resident owner of that property
- payment for the work completed is agreed to be something other than the true value of the work
- you are an employee and the construction work is for your own purposes
- the work or goods and services is supplied for a job outside of Queensland
- you have already given a subcontractors' charges Notice of Claim for the same work or related goods and services under the contract.
Timeframes for applying
You must lodge an adjudication application within the required timeframes.
- If you receive a payment schedule and disagree with it – you must lodge within 30 business days after the payment schedule was given.
- If you receive a payment schedule but you’re not paid in full by the due date – you must lodge within 20 business days after the due date.
- If you’re not paid in full by the due date and don’t receive a payment schedule – you must lodge within 30 business days after whichever is later:
- the due date for the progress payment to which the claim relates
- the last day the respondent could have given a payment schedule under section 76 of the Building Industry Fairness (Security of Payment) Act 2017.
An application must be lodged to the Registrar on a business day before 5.00pm (AEST). Any applications lodged after this time are taken to be delivered the following business day.
Application fees
Below are the fees for having your application lodged with the Registry. An adjudicator’s fees and expenses may also be payable.
| Total claim amount | Fee |
|---|---|
| For a payment claim for a progress payment of no more than $10,972.65 | $64.34 |
|
For a payment claim for a progress payment of more than $10,972.65 but no more than $54,863.45 |
$193.08 |
|
For a payment claim for a progress payment of more than $54,863.45 but no more than $109,726.90 |
$321.82 |
| For a payment claim for a progress payment of more than $109,726.90 but no more than $274,317.25 | $450.71 |
|
For a payment claim for a progress payment of more than $274,317.25 but no more than $548,634.50 |
$579.40 |
|
For a payment claim for a progress payment of more than $548,634.50 but no more than $822,951.80 |
$708.13 |
| For a payment claim for a progress payment of more than $822,951.80 but no more than $1,195,558.00 | $836.92 |
| For a payment claim for a progress payment of more than $1,195,558.00 | 0.0814157698% of the progress payment amount, up to a maximum of $6,438.23 |
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You will need to provide copies of
- the relevant construction contract. If a written contract does not exist, a document referring to/demonstrating the terms of the agreement.
- the payment claim
- the payment schedule (if applicable) (including supporting statement if applicable)
- submissions relevant to your application. This may may include:
- submissions explaining the claim
- statutory declarations
- emails
- previous invoices
- expert reports
- faxes
- purchase orders
- photos
- other relevant communications.
Supporting submission
Although it is not required, it is important to include with your adjudication application your submission to prove your entitlement to claim.
The submission will assist the adjudicator to understand the detail of the project and the reasons why you have arrived at your position and they will consider this when making their decision. If there are no submissions, it may be hard for them to make a decision in your favour.
Make sure that your submission states facts rather than thoughts and feelings about the situation. You may find it helpful to step back from the situation and write the submission as if it was about someone else.
For claims $25,000 and under your submission:
- must be no more than 10 pages; and
- if typed must be size 10 font or bigger with a margin of 2.54cm.
There is no restriction for claims over $25,000.
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If you are not yet registered for myQBCC it is quick and easy to do. You can be up and running in less than 5 minutes. Once registered you can:
- Login to myQBCC
- navigate to the Complaints and disputes tab
- scroll down to the BIFA adjudication application form
- click the ACTION arrow and choose to start a new form.
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You will need to
- complete all sections of the form
- upload supporting documents
- pay the application fee
- submit the form.
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You must give a copy of all pages of the adjudication application and all supporting submissions and documents to the respondent.
This should be done as soon as possible after the application has been delivered to the QBCC.
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You will need to provide copies of:
- the payment claim to which the application relates
- the contract to which the payment claim relates
- a payment schedule given in response to the payment claim.
If a party to the application gave the other party a document in support of the payment claim or the payment schedule at the time the claim or schedule was given to the other party, you may also provide:
- the contract related documents e.g. written agreement to variations, extension of time, program of work
- an expert report about a matter to which the payment claim relates
- a statutory declaration about a matter which the payment claim relates.
Supporting submission
Although it is not required, it is important to include with your adjudication application your submission to prove your entitlement to claim.
The submission will assist the adjudicator to understand the detail of the project and the reasons why you have arrived at your position and they will consider this when making their decision. If there are no submissions, it may be hard for them to make a decision in your favour.
Make sure that your submission states facts rather than thoughts and feelings about the situation. You may find it helpful to step back from the situation and write the submission as if it was about someone else.
For claims $25,000 and under your submission:
- must be no more than 10 pages; and
- if typed must be size 10 font or bigger with a margin of 2.54cm.
There is no restriction for claims over $25,000.
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Download and complete all sections of
Adjudication application form (PDF, 114KB)
Tips for completing the form
- Complete all details of the application where applicable.
- Print clearly in BLOCK LETTERS.
- Take particular care to correctly identify the business details of the respondent and the contract in dispute.
- DO NOT use correction fluid – any mistakes should be crossed out and initialled.
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You can add pay the application fee and lodge the completed form:
- in person at a QBCC service centre.
If delivering in person to a regional service centre please allow enough time for the application to be received by the registrar. It is recommended that applications are delivered to a Regional Service Centre no later than 4:30pm to be received by the Registrar on the same business day. - by mail.
If sending to the Registrar by Mail, sufficient time should be allowed to ensure the application and related documents are received by the registrar prior to 5pm on the last business day for lodgement. Please check Australia Post for general delivery times.
- in person at a QBCC service centre.
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You must give a copy of all pages of the adjudication application and all supporting submissions and documents to the respondent.
This should be done as soon as possible after the application has been delivered to the QBCC.
What happens next?
Once the Registrar has received your adjudication application, it will be referred to an adjudicator within 4 business days to decide.
The Registrar will refer adjudication applications in accordance with the Adjudicator referral policy (PDF, 55KB).
The adjudicator will provide written notice of acceptance to both parties once accepted and will begin the process of making a decision.
Information and advice
See Industry guide to security of payment (PDF, 2.5MB) for more information.
The registry provides a consumer advisory service that can be contacted by:
- phone—139 333
- email—adjudication.registry@qbcc.qld.gov.au.
