FAQ

For your convenience, our most common questions are answered right here.

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Q: So what exactly do you do?

A: We are a building & construction expert. We assist in preparing your adjudication application. We are not a debt collector, we don’t act on your behalf or issue demand letters. The Act is there for you to get paid. Don’t waste your money on debt collectors or as they are not needed to adjudicate. We work closely with Sydney based law firm, so in an event where you may require a legal advice, you will liaise directly with them.

 

Q: My contract states that if I don’t have a variation approval and I have carried out the work anyway, I am not entitled to any payment. Does that mean I did the work for free?

A: The Act provides for an entitlement to payment for construction work. However, the interpretation of the contractual provisions as well as the conduct of the parties are both of vital importance. Contrary to the common belief, you may be barred from making a payment claim for the variation in certain circumstances.

 

Q: I did work on day labour but have no signed labour dockets. Can I still get paid for the time spent?

A: Again, as above.

 

Q: I don’t have a signed contract, does this mean I can’t use the Act?

A: The contract does not have to be in writing.

 

Q: Do you actually know anything about building?

A: Our director has a bachelor degree in building and is also a licensed builder with vast experience in the industry.

 

Q: My client or a builder has gone broke; can I still use the Act?

A: Your options are rather limited. Time is of the essence. It all depends at what stage of the insolvency the client/builder is.

 

Q: I have still got work to do under my contract, should I adjudicate now?

A: Adjudication does not mean your contract is terminated. Essentially it all depends on your financial position i.e. can you afford to wait till the end of the job?

 

Q: I have done some residential work and I’m not getting paid. Can I use the Act?

A: The Act does not apply to home owners who reside or propose to reside at the premises, however you may still use the Act to recover money from land lords, builders, developers and investors.

 

Q: Should I use a solicitor to adjudicate?

A: Please refer to our Getting the Right Help page.

 

Q: Can I use the Act to claim my retention?

A: Yes, but don’t wait too long. The Act provides for limited time frames to take action.

 

Q: My contract states that I have to mediate or use an alternative dispute resolution or issue a dispute notice before I can adjudicate. Is that the case?

A: Generally, no.

 

Q: Surely I can’t win against a builder or a developer with their very expensive lawyers who deal with this all the time?

A: The important thing to understand is that the Act was designed to help to do just that, help you to get paid quick. Please read our Why Use the Act page.

 

Q: Surely this is not as ironclad as a court judgement?

A: An adjudication outcome is usually enforceable just as a court judgement. Please refer to our Adjudication page.

 

Q: Are there minimum or maximum amounts I can claim?

A: There are no limits either way.

 

Q: I have carried out work more than 12 months ago, is it too late.

A: It depends, some contracts may provide for longer periods or you may not even realise that you actually have carried out some construction work. Tell us your story.

 

Q: This sounds very easy, surely it’s too good to be true?

A: This is the whole point of the Act, to make it easy, cheap and quick to get your money. However, we can’t stress this enough, you must know what you are doing.