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NSW adjudication calculations

The adjudicated principal is not the whole interest calculation

Reconcile the interest basis and payment history under a NSW adjudication determination rather than tracking principal alone.
Corporate Recovery Partners
CRP Natalie avatar beside CHECK THE INTEREST BASIS and Check the determination and payment history before treating the principal as the full amount owing. on a monochrome 1609 cover.
01 / 06

The spreadsheet records only the headline amount

A hypothetical NSW contractor receives an adverse adjudication determination and enters its principal amount in the cash plan. Later correspondence includes interest, which nobody has reconciled. Give the complete determination and payment history to the construction lawyer. The business needs an explained figure for the actual obligation, rather than assuming either that the principal is the final total or that every later calculation is correct.

02 / 06

Identify the relevant wording

Locate the passages dealing with the adjudicated amount, its payable date and interest. Preserve the complete decision and any later official communication. Do not substitute a rate from an old contract summary or an internet calculator without checking the basis. If the determination is unclear or the parties read it differently, identify the question for prompt legal advice.

03 / 06

Use the NSW explanation within its limits

NSW Government guidance says an adjudicator determines the progress-payment amount, the date it is or was payable and the interest rate. That is guidance about the NSW scheme. Ask the lawyer how the actual determination and relevant law apply to your calculation. This article does not set a national interest rate, decide a due date or prescribe an enforcement response.

Source: NSW Government: Responding to an adjudication application

04 / 06

Reconcile payments and periods

In the hypothetical example, accounts should provide the actual payment dates and allocations rather than a statement saying part of the account was settled last month. Ask the adviser how those events affect the interest calculation. Separate interest already included in a stated total from interest calculated later so it is not counted twice. Preserve any uncertainty instead of inserting a convenient balancing amount.

05 / 06

Keep a dated calculation with the cash plan

Show the date through which the reviewed calculation runs and the assumptions behind it. A total prepared for one day may not answer what is required at a later proposed payment date. Confirm the updated position before making a payment or settlement promise, and obtain advice on any disagreement. Do not assume querying the interest suspends another obligation.

06 / 06

Verify the resulting account

Retain the checked calculation, payment evidence and any confirmation of allocation. Keep the principal, interest and separate charges identifiable in the records. CRP can help organise the commercial cash impact alongside construction-law advice. The useful outcome is a traceable balance based on the actual decision and transactions, rather than an unexplained difference added to the headline adjudicated amount.

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