Adjudication services

The ABC DRS provides adjudication and security of payment services to a range of jurisdictions throughout Australia.

Currently, the ABC DRS is a registered authorised nominating authority in New South Wales, South Australia and the Australian Capital Territory and nominating authority in Tasmania – meaning that the ABC DRS can nominate adjudicators to determine adjudication applications.

Adjudication fees

ABC DRS provides flexibility in adjudication fees. We currently offer two fee structures for the determination of adjudication applications – fixed fee and non fixed fee adjudication.

Fixed fee adjudication

Fixed fee gives both claimant and respondent some assurance regarding the costs of entering the adjudication process.

If your adjudication meets a certain number of criteria, you can have your adjudication application determined for an easy up-front fixed cost.

A fixed fee includes:

  • The fees and expenses of the nominated adjudicator
  • The cost of producing an adjudication certificate, if required
  • Plus any disbursement costs related to printing, faxing or other miscellaneous costs up to the value of $50.00 (ex. GST).

To elect to have your adjudication application determined under fixed-fees, the claimant simply indicates this in the prescribed boxes on the relevant adjudication application form.

The table below indicates the fixed fee adjudication bands, what payment claims ranges the band covers alongside the relevant adjudication charge.

Band

Payment claim range

Adjudication fee

Total adjudication fees (inc GST & disbursements charge)

1

0 – 6,500

700.00

770.00

2

6,501 – 15,000

1,050.00

1,155.00

3

15,001 – 25,000

2,050.00

2,255.00

4

25,001 – 40,000

3,150.00

3,465.00

5

40,001 – 60,000

4,150.00

4,565.00

6

60,001 – 100,000

5,650.00

6,215.00

The major stipulation with fixed fee adjudication is that the adjudication fee must accompany the adjudication application.

However, there are a range of other terms and conditions regarding fixed fee adjudication. You can read these terms and conditions on the relevant adjudication application document or contact our office for further information.

Non-fixed fee adjudication

Non-fixed fee adjudication is offered as an option for all adjudication applications. Non-fixed fee adjudication simply based on time and labour of the adjudicator.

Non-fixed fee adjudication is required in the event of costly or complex adjudication applications and the suitability of this adjudication method is based on the size of the payment claim.

The cost of the adjudicator is based on their experience and suitability but are charged along three fee bands.

  • Grade 1 adjudicator – $225 per hour excluding GST.
  • Grade 2 adjudicator – $325 per hour excluding GST.
  • Grade 3 adjudicator – $365 per hour excluding GST.

Furthermore, if an adjudication certificate is required, there is a cost of $200 excluding GST.

While there are no up front adjudication application fee, determinations will not be released until fees are paid.

There are a range of terms and conditions regarding non-fixed fee adjudication. You can read these terms and conditions on the relevant adjudication application document or contact our office for further information.

 

Choosing adjudication

We have provided some basic information about how to use security of payment in these jurisdictions which can be accessed via the following hyperlinks:

We also provide some guidance on using adjudication in Queensland, which has a different system to other jurisdications in that it doesn’t make use of nominating authorities.