Adjudication (NSW): how to get paid fast

Adjudication is the fast statutory process for deciding how much is payable on a payment claim. You can apply when a schedule is short, when a scheduled amount goes unpaid, or when no schedule was served and you were not paid. You lodge a written application with an authorised nominating authority within a short statutory window; an independent adjudicator determines the amount, the date it is payable, and interest — a result you can enforce as a judgment debt.

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When you can adjudicate under the NSW security of payment regime, the application/response/determination timeframes, what an application must contain, and what an adjudicator actually decides — each step tied to the Act.

NSW only. This covers the Building and Construction Industry Security of Payment Act 1999 (NSW). Other states and territories have their own security of payment Acts with different timeframes.

What adjudication is

Adjudication is the engine room of the security of payment regime. It is a fast, statutory dispute process in which an independent adjudicator decides how much is payable on a payment claim s 17, Building and Construction Industry Security of Payment Act 1999 (NSW) (as of 8 July 2026). It is not a court case and it does not settle your rights forever — it is designed to get cash to the claimant quickly and keep it there while any final legal dispute is fought out separately. In practice, for most unpaid subbies and contractors, adjudication is the remedy.

When you can adjudicate

You have a right to apply for adjudication when s 17, Building and Construction Industry Security of Payment Act 1999 (NSW) (as of 8 July 2026):

Each trigger has its own statutory window to apply, and the windows are short. Where no schedule was served, the Act generally requires you to first notify the respondent of your intention to adjudicate and give them a last short chance to provide a schedule s 17, Building and Construction Industry Security of Payment Act 1999 (NSW) (as of 8 July 2026). Miss the window and the right lapses — see the payment-schedules guide for how the schedule outcome sets which window applies.

On the timeframes: the application, response, and determination periods are set by the current Act, measured in business days, and some can be shortened by your contract. Any date that will drive a real step must be confirmed against the Act text with a construction lawyer. TODO: counsel-verify all adjudication day-counts and notice requirements before go-live.

What an application needs

The adjudication application must be in writing, made within the statutory time, and lodged with an authorised nominating authority (ANA) s 17, Building and Construction Industry Security of Payment Act 1999 (NSW) (as of 8 July 2026). It should identify the payment claim and any payment schedule it responds to, be accompanied by the application fee, and may attach whatever submissions and supporting evidence you want the adjudicator to consider s 17, Building and Construction Industry Security of Payment Act 1999 (NSW) (as of 8 July 2026). The ANA then refers the application to an eligible adjudicator, who decides whether to accept it s 18, Building and Construction Industry Security of Payment Act 1999 (NSW) (as of 8 July 2026).

Put your whole case in the application. Because the respondent is confined to the reasons already stated in its payment schedule s 20, Building and Construction Industry Security of Payment Act 1999 (NSW) (as of 8 July 2026), you are arguing against a fixed target — do not hold material back.

The steps, in order

  1. Confirm you can adjudicate. Check you have a trigger: the payment schedule is for less than you claimed, the scheduled amount was not paid by the due date, or no schedule was served and the claim was not paid. Each has its own statutory window to apply.
  2. Give any required notice. Where no payment schedule was served, notify the respondent of your intention to apply for adjudication and give them the short statutory opportunity to provide a schedule before you proceed.
  3. Prepare the adjudication application. Put the application in writing, identify the payment claim and any payment schedule, attach your supporting submissions and evidence, and include the application fee. Make your case fully here — the respondent is limited to the reasons already in its schedule.
  4. Lodge with an authorised nominating authority. Lodge the application within the statutory window with an authorised nominating authority (ANA), which refers it to an eligible adjudicator who decides whether to accept the adjudication.
  5. Respondent lodges its response. A respondent that served a payment schedule may lodge an adjudication response within the statutory time. It cannot include reasons for withholding payment that were not in the schedule.
  6. Adjudicator determines the amount. The adjudicator determines the amount payable, the date it became payable, and the interest rate, within the statutory period. The determination is enforceable — you can obtain an adjudication certificate and file it as a judgment debt if it is not paid.

The respondent’s response

A respondent may lodge an adjudication response, but only if it served a payment schedule in the first place, and only within the statutory time s 20, Building and Construction Industry Security of Payment Act 1999 (NSW) (as of 8 July 2026). Critically, the response cannot include reasons for withholding payment that were not in the schedule s 20, Building and Construction Industry Security of Payment Act 1999 (NSW) (as of 8 July 2026). A respondent who stayed silent, or wrote a thin schedule, cannot fix that now — the reasons lock is the claimant’s biggest structural advantage in the whole regime.

What the adjudicator decides

The adjudicator determines the adjudicated amount payable, the date it became or becomes payable, and the rate of interest s 22, Building and Construction Industry Security of Payment Act 1999 (NSW) (as of 8 July 2026). In reaching that, they may consider only a defined list — the Act, the construction contract, the payment claim and schedule together with their submissions, and the results of any inspection s 22, Building and Construction Industry Security of Payment Act 1999 (NSW) (as of 8 July 2026). The determination must be made within the statutory period s 21, Building and Construction Industry Security of Payment Act 1999 (NSW) (as of 8 July 2026).

If the respondent does not pay the adjudicated amount by the due date, you can obtain an adjudication certificate and file it in court as a judgment debt s 24, Building and Construction Industry Security of Payment Act 1999 (NSW) (as of 8 July 2026)s 25, Building and Construction Industry Security of Payment Act 1999 (NSW) (as of 8 July 2026). An unpaid claimant may also have a right to suspend work s 27, Building and Construction Industry Security of Payment Act 1999 (NSW) (as of 8 July 2026). That enforceability — a court-grade result in weeks — is why adjudication is the wedge the whole regime turns on. The Security of Payment hub links the adjudication checklist and timeframe calculator as they ship.

Keep reading

Security of Payment (NSW) — start hereThe pillar guide indexing every guide, tool, and template in the cluster.Security of Payment Act NSW, explainedWhat the Act is, who it protects, and the right to progress payments.How to make a payment claim (NSW)Requirements of a valid payment claim, reference dates, and timing.Payment schedules (NSW)What to do when you get a short payment schedule — or none at all.Retention money (NSW)Trust-account rules, defects liability, and release milestones.

Questions

When can I apply for adjudication?

You can apply when a payment schedule is for less than you claimed, when the scheduled amount is not paid by the due date, or when no schedule was served and the claim was not paid. Each situation has its own statutory window to apply, and the windows are short.

Who decides an adjudication?

An independent adjudicator, nominated by an authorised nominating authority (ANA) after you lodge your application. The adjudicator is not a court; adjudication is a fast, interim-binding process designed to keep cash flowing while any final dispute is resolved elsewhere.

What does an adjudication application need?

It must be in writing, made within the statutory time, lodged with an ANA, identify the payment claim and any schedule, include the fee, and may attach your submissions and evidence. Because the respondent is limited to the reasons in its schedule, put your full case in the application.

How long does adjudication take?

It is fast — determinations are made within a statutory period measured in business days, not the months a court case takes. The application, response, and determination each run to their own statutory timeframe. Confirm the current periods against the Act before you rely on a date.

What does the adjudicator decide?

The adjudicator determines the adjudicated amount payable, the date it became or becomes payable, and the rate of interest. In doing so they consider the Act, the contract, the payment claim and schedule, and the parties’ submissions — nothing else.

What if the respondent does not pay the adjudicated amount?

You can request an adjudication certificate and file it in court as a judgment debt for enforcement. An unpaid claimant may also have a right to suspend work. Adjudication is designed to produce an enforceable result quickly.

collect.ac tracks the SOPA clock on every claim and retention so you never miss a statutory deadline.

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Not legal advice. This is general information about the Building and Construction Industry Security of Payment Act 1999 (NSW), not legal advice about your situation. Statutory deadlines are strict and a missed one can forfeit your rights. Confirm every date and requirement with a qualified construction lawyer before acting on a live claim.