How this works
Constructionpay is an online platform to help you build your own Adjudication Submission document that you can lodge yourself. We have taken the gueswork out of the Adjudication process so you can complete a step by step process and control the amount and quality of information that you want to present.
Constructionpay can be used to create a bespoke submission for all states in Australia.
Queensland and New South Wales are now fully automated and you can do these without any input from us ! for the other states start as normal and we will ask you more question where you can then get in touch with us.
You do the easy work with the Application form and Constructionpay will do the heavy lifting and help you create the Submission documents.
If you are owed money under a construction or building contract and want to create an Adjudication Application Submission under the Security of Payment Legislation and don’t want to hire a Lawyer then this is for you.
Gather all your data together before you start it will make it less painful for you and much faster.
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- Company Details (its ok if you’re a Sole Trader)
- License details
- Contract (it’s ok if you don’t have one)
- Payment Claim (invoice)
- Payment Schedule (there might not be one)
- Relevant Emails, photos or other documents
- You might want to do a Statututory Declaration if you don’t have any documents (we can give you examples)
- Anything that supports what you want to say for why you should be paid and not have money witheld.
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Don’t start before you have all your material ready and in front of you. It will be much faster and will produce a way better outcome. You will need to upload PDF’s of your documents to complete your submission.
Start completing the online process. You can take as long as you want. You can even save and return later by receiving an email link to pick up where you leave off.
Do a final review and make final edits to your completed Submission document then click submit to finalise it. It will then be emailed to you and you can complete the Application form and make the application yourself to your relevant authority. Thats it !
Click below to get started with your Submission
Frequently Asked Questions (FAQ’s)
I'm owed money what are my options ?
If you are owed money and work in the Building and Construction industry you can either
- Write it off as bad luck. Who wants to do that !!
- Send a letter of demand
- Go to a small claims Tribunal like
- Queensland Civil and Administrative Tribunal
- New South Wales Civil and Administrative Tribunal
- Victorian Civil and Administrative Tribunal
- ACT Civil and Administrative Tribunal
- Northern Territory Civil and Administrative Tribunal
- South Australia Magistrates Court
- Magistrates Court of Tasmania
- Magistrates Court of Western Australia
- Hire a lawyer and go to a Magistrates or District Court
- Hire a lawyer and submit an Adjudication Application
- Try Constructionpay and do your own Submissions and Application
But I'm not real good with websites and IT
Don’t worry if you can fill in a form you can use Constructionpay
Why don't we do the Application form ?
Each state has its own particular way of applying for Adjudication. Queensland is the only state with a specific application form whilst all other use what they call Authorised Nominating Authorities (ANA’s) who all have different forms and methods to apply for adjudication.
What's Adjudication ?
If you have performed construction work or supplied goods and services to the building and construction industry and are owed money through non payment then you have rights to recover those unpaid amounts through a process called Adjudication. Adjudication is a process whereby you make an application, provide submissions on why you were not paid and have an Adjudicator decide what you should be paid rather than going to court. Its much faster and usually takes between 20-30 business days and is cheaper than engaging Lawyers and going to Court. Adjudication has been designed as an interium solution to get you paid and keep your cashflow going until a final resolution may be needed through the Courts.
What's Security of Payment Legislation ?
If you have performed construction work or supplied goods and services to the building and construction industry and are owed money through non payment then you have rights to recover those unpaid amounts through a process called Adjudication. Adjudication is a process whereby you make an application, provide submissions on why you were not paid and have an Adjudicator decide what you should be paid rather than going to court. Its faster and cheaper.
Security of Payment is a general term used to describe the following Acts which provide you rights to get paid for the construction work you perform or goods and services you supply in the construction industry.
Building Industry Fairness (Security of Payment) Act 2017 (Queensland)
Building and Construction Industry Security of Payment Act 1999 (NSW)
Building and Construction Industry Security of Payment Act 2002 (Vic)
Building and Construction Industry Security of Payment Act 2009 (SA)
Building and Construction Industry Security of Payment Act 2009 (Tas)
Building and Construction Industry (Security of Payment) Act 2009 (ACT)
Construction Contracts Act 2004 (WA) (to be renamed Construction Contracts (Former Provisions) Act 2004)
Construction Contracts (Security of Payments) Act 2004 (NT)
Do you do Large Claims ?
Yes we do. In fact our system is a bit of overkill for the smaller claims that we provide a fixed cost on. Thats why we do it, we know that a quality submission will result if you follow the process well. We originally designed our system to handle large claims from $450,000 upwards as these claim sizes are where a large amount of manhours are generally required and claims may have complicated combinations of payment claim items such as EOTs affecting delay costs or liquidated damages and backcharges. Disputes are often very complex and we can offer a bespoke quotation to your larger claims. Just complete a quote request here and we can come back to you with an estimate.
Why should I use Constructionpay ?
Because generally these Acts are quite complex in the requirements that you must follow, have specific timeframes and are a bit hard to navigate if you are not skilled in them. Also being able to construct a comprehensive arguement is a valuable skill that you might want some assistance with.
We provide a more cost effective solution than you either engaging a lawyer or trying to do it yourself with limited help.
Our online system can guide you through the whole process.
Can I engage a Lawyer and go to Court ?
Absolutely. Although this is likely to cost a lot more and take a much longer time than Adjudication.
I still think I should get a Lawyer ?
Thats fine and we have a solution for that also. We can asssit you with a special module we have created that can help you describe you payment dispute and package up all the required information that you can then take to your lawyer which will save them hours of time and thousands of dollars in fees. Typical Construction Lawyers charge anywhere from $400-$600 per hour so it makes sense to try and save some time and money. Click here to see our special module.
I am a Lawyer, can I use your system ?
Absolutely. In fact we first started designing our system around the requirements of Lawyers preparing Adjudication Submissions to save time and money. We have a subscription service for Professional Lawyers. Check it out here.
I am an Adjudicator, can I use your system ?
Yes you can. If you also prepare Adjudication Submissions then our system will be perfect for you also. We also have a number of other tools that we can offer you in checking and validating referred Adjudication Applications to save you time and enhance the quality of your decisions and reduce any risk of date checking and validity errors. Have a look here for more information.