Security of payments

The ACT Building and Construction Industry (Security of Payment) Act 2009 establishes a rapid adjudication process so that people who carry out construction work, or supply goods and services, can receive timely payment.

Under this process, if a person makes a payment claim and it is not paid in accordance with the process in the Act, they may apply to an authorised nominating authority (ANA) for an adjudication. The ANA appoints an adjudicator to hear disputes about account payments instead of the matter having to be heard in court.

Authorised nominating authorities can:

If an adjudication goes ahead, an independent adjudicator with relevant expertise will provide an adjudication within 10 days, or a longer time if both the applicant and respondent agree. If the adjudicator's decision is, in whole or part, in favour of the applicant, the respondent has to pay the applicant an amount determined by the adjudicator. These decisions are enforceable as a judgement debt through the courts.

The adjudication process does not extinguish a party's ordinary contractual rights to seek a final resolution of a payment dispute by a court or tribunal.

The adjudication process does not apply to construction contracts that form part of a loan agreement or for residential building work if a resident owner is a party to the contract, except where the work is done under an owner–builder licence. 'Pay when paid' provisions in a contract have no effect and do not prevent a person's rights to seek a payment.

Authorised nominating authorities

Contact an authorised nominating authority for assistance:

Able Adjudication Pty Ltd1300 922 303
Adjudicate Today Pty Ltd1300 760 297
Australian Solutions Centre Pty Ltd1300 722 624
Australian Building & Construction Dispute Resolution Service Pty Ltd trading as ABC Dispute Resolution Service and ABC DRS1300 857 383
Resolution Institute6282 0234
RICS Dispute Resolution Service1300 953 459

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