Payment of adjudicated amount
If an adjudication decision requires the respondent to pay an amount (the adjudicated amount) to the claimant, it must be paid within 5 business days after either:
- the copy of the adjudicator’s decision is given to the respondent
- by a later date decided by the adjudicator.
When payment is made, the respondent must notify the registrar in writing (firstname.lastname@example.org) within 5 business days of making the payment and provide evidence of payment to the Adjudication Registrar stating all of the following:
- the adjudication application number
- claimants full name / company name
- respondents full name / company name
- date of decision
- date of payment
- amount paid
- evidence of a:
- copy of the bank deposit receipt or transaction report that clearly shows the amount paid, date of the payment and the name of the account holder where the amount was paid
- copy of the remittance or payment advice given to the claimant that states the amount paid, the date of payment and details of how the payment was mad
- statutory declaration that states the amount that was paid, when it was paid and to whom it was paid.
Respondents can use this Template of respondent notice of payment of adjudicated amount (DOC, 25KB) to cut and paste the email body to send to the registrar, which contains all the necessary information they need to provide.
Failure to pay adjudicated amount
Failure to pay an adjudicated amount by the due date is an offence and may result in prosecution or disciplinary action.
An adjudicated amount must be paid within 5 business days after a copy of the adjudicator’s decision is received or by a date decided by the adjudicator.
If the adjudicated amount is not paid in full by the due date, the claimant may be able to:
- give a payment withholding request to the higher party in the contractual chain
- give the respondent a written notice of intention to suspend work
- lodge the adjudication certificate as a judgment debt in court (a fee may apply)
- if a judgement debt has been lodged, claimants who are head contractors may register a charge over property
- lodge a monies owed complaint form with the QBCC for investigation if the respondent is a QBCC licensee (no fee applies).
A licensee that does not pay a debt as and when the debt is due may be in breach of QBCC licence conditions. Licensees that fail to pay debts risk licence suspension or cancellation.
Information and advice
See Industry guide to security of payment (PDF, 2.5MB) for more information.
The registry provides a consumer advisory service that can be contacted by:
- phone—139 333