TIME LIMITS FOR APPLICATIONS
The time limit for lodging an adjudication application depends on:
- whether the respondent has provided a payment schedule under Division 1 of the Act;
- whether you accept or dispute the scheduled amount; and
- whether the respondent pays or fails to pay the scheduled amount by the due date for payment.
A payment schedule is provided under Division 1 of the Act when it is provided within the earlier of the time required by the construction contract, or 10 business days after the payment claim is served.
Where claimant does not accept scheduled amount
Where the respondent provides a payment schedule under Division 1 of the Act and you do not accept the scheduled amount, any application for adjudication must be made within 10 business days of receiving the payment schedule.
Where respondent fails to pay scheduled amount
Where the respondent provides a payment schedule under Division 1 of the Act and you accept the scheduled amount but the respondent fails to pay the whole or any part of the scheduled amount by the due date for payment of that amount, any application for adjudication must be made within 20 business days of the due date for payment.
Where respondent fails to provide a payment schedule
Where the respondent fails to provide a payment schedule under Division 1 of the Act, you may only apply for adjudication if you:
- notify the respondent within the period of 20 business day immediately following the due date for payment of your intention to apply for adjudication; and
- give the respondent 5 business days after receiving your notice to provide a payment schedule.
Any application for adjudication must then be made within 10 business days of the end of the 5 business day period referred to above.