Adjudication went against you: prepare the decision handover today

Get the decision out of the inbox and onto the desk

An adjudication decision arrives while you are trying to organise wages and the next delivery. You disagree with the result, but arguing about fairness does not tell the accounts team what to do. Give one person responsibility for a decision handover: the actual determination, receipt date, payment information and the adviser who will review it.

Construction security-of-payment schemes operate under state and territory laws. Business.gov.au explains that the rules differ. This is a practical handover process, not a national deadline or appeal guide. Identify the applicable scheme and current requirements before acting. A calendar copied from another state, or from an older matter, may give you the wrong answer.

Put verified dates beside the amount

Record the amount stated in the determination and any payment date it specifies. Give the complete document to a qualified construction lawyer promptly and ask which dates apply to your circumstances. Include how and when it was received and any subsequent correspondence. Do not calculate a deadline from memory or assume every scheme counts business days identically.

For a Victorian matter, the Building and Plumbing Commission’s security-of-payment guidance is an official starting point. It describes adjudication under Victoria’s legislation; it is not a substitute for checking another jurisdiction’s law. Ask the adviser to confirm the relevant payment and response steps rather than treating a general website summary as advice on your particular determination.

Source: Official guidance

Show the cash consequence without assuming extra time

Build two cash forecasts: payment by the verified due date, and a proposed alternative timing arrangement for discussion. The second is only a proposal. Do not budget as though asking for time, disputing the result or seeking advice automatically stops the obligation or enforcement. Get any proposed arrangement and its effect checked before relying on it.

Include wages, suppliers, tax and other commitments so the decision is assessed against the company’s whole position. A funding gap does not itself answer the legal question. If the company may be unable to pay debts when due, obtain qualified insolvency advice as well. Do not promise the claimant funds that depend on an unconfirmed customer receipt.

Give the reviewer evidence, not just your conclusion

Create a chronological folder containing the contract, variations, payment claim, payment schedule if any, adjudication application and response, determination, service records and correspondence. Add a short index of what each document shows. Preserve originals and keep your commentary separate so the reviewer can distinguish an actual record from your later explanation of it.

List the specific questions you want answered: which scheme applies, whether the determination has an apparent legal or procedural issue, whether any challenge is available, and what a proposed challenge would change immediately. Not every disagreement is a valid challenge. Ask for advice on timing, costs and risk before commissioning proceedings or assuming a different outcome is likely.

Assign the next actions before the day ends

Nominate who will obtain the advice, who will maintain the cash forecast and who will communicate with the claimant. Record the next confirmed deadline and the evidence needed for each task. If payment is made, keep proof and obtain advice about any further dispute options; do not assume either that payment ends everything or that every option remains available.

Today, send the determination and document index to an appropriate adviser and prepare the due-date cash forecast. Contact CRP about dispute resolution if you need help coordinating that response. Bring the decision, receipt details and the questions you need answered. CRP coordinates independent qualified professionals; it does not provide legal advice or guarantee that a challenge will succeed.