As a busy contractor in Victoria, chasing unpaid invoices can feel like a full-time job you didn’t sign up for. The good news? The adjudication process in Victoria under the Security of Payment Act (SOPA Victoria) is designed to help you recover building debts in Vic quickly and fairly. At Fair Resolutions, we streamline this process from start to finish, so you can focus on what you do best—building. Let’s break down the adjudication process in simple steps and show you how we make it hassle-free.
Step 1: Serve a Payment Claim
The journey begins with a valid payment claim. Under SOPA Victoria, your claim must clearly state the amount owed, identify the completed work the claim relates to and reference that it is made under the Act. This document is your foundation for recovering building debts in Vic using the adjudication process. We ensure your payment claim is airtight, meeting all legal requirements to avoid delays or procedural issues.
Step 2: Await the Payment Schedule
Once your claim is served, the respondent (usually the principal, builder or developer) has 10 business days to issue a payment schedule. This outlines what they agree to pay or any reasons for withholding payment. If they fail to respond and don’t pay by the due date, an notice is issued to them under section 18(2) of the Act, letting them know of your intentions to apply for adjudication. This notice gives the respondent one last chance to issue a payment schedule within 2 business days. If they fail to respond, you’re in a strong position to move forward with adjudication. Our team monitors deadlines and guides you if the respondent doesn’t comply.
Step 3: Apply for Adjudication
If the respondent disputes your claim or doesn’t pay, it’s time to escalate to adjudication. You have 10 business days to lodge an adjudication application with an authorised nominating authority. This is where Fair Resolutions shines. We prepare and submit your application, ensuring all documents are accurate and compliant with SOPA Victoria rules, saving you time and stress.
Step 4: The Adjudicator’s Review
An adjudicator, appointed under SOPA Victoria, reviews your application and the respondent’s submission (if they are entitled to submit any). They’ll decide within 10 business days whether you’re entitled to payment and how much. Our expertise ensures your case is presented clearly and persuasively, maximising your chances of a favourable outcome.
Step 5: Receive the Determination
The adjudicator’s decision is legally binding. If successful, the respondent must pay the adjudicated amount, often within 5 business days. If they don’t, we can assist with enforcement options, like registering the determination as a court judgment. With Fair Resolutions, you’re never left navigating this alone.
Why Choose Fair Resolutions?
The adjudication process in Victoria can seem daunting, but it’s a powerful tool for recovering building debts in Vic. At Fair Resolutions, we handle every step—drafting claims, lodging applications, and enforcing determinations—so you don’t have to. Our team of experts understands SOPA Victoria inside and out, ensuring fast, fair outcomes without the headache.
Don’t let unpaid invoices slow you down. Contact Fair Resolutions today and let us recover what you’re owed while you keep your projects on track. With us, getting paid is as straightforward as it should be.
