Previous Case Studies

PREVIOUS ADJUDICATIONS & DETERMINATION RESULTS

Outlined below are previous Adjudications Applications undertaken by Adjudicate For You and the relevant determination from the Adjudicator. The results outlined are not indicative of any future or prospective outcome. All matters rely on the specifics of any situation, the information available and any contract conditions which may or may not be onerous to that of the SOP Act.

In all of the below scenarios, the determined amount was settled within 5 business days after receiving the determination.

Case Study 1

The Claimant successfully completed a complex construction project. The Respondent was unfairly withholding 100% of the cash retention for an extended period of time which was not allowed for under specific conditions within the construction contract. When the Claimant made a payment claim for the balance of the retention value, the Respondent issued a payment schedule which purported back charges and was for a negative value. The Respondent then terminated the contract between the parties and made an attempt for recourse to the cash retention.

Adjudicate For You made an application on behalf of the Claimant after careful and detailed consideration of the information provided by the Claimant. The final determination was in favour of the Claimant. The Claimant was also awarded 100% of the costs & penalty interest on the overdue amount.

Payment Claim:                               $41,104.46

Payment Schedule:                     -$1,034.000

Determination Value:                $36,830.96 + costs + penalty interest

Case Study 2

The Claimant was approximately 85% completed on a major construction project. With mounting unresolved variations, which increased the revised contract value to over 60% of the original contract value, the approval and payment of these variations by the Respondent became more and more difficult to resolve. After consultation with Adjudicate For You, the Claimant made the appropriate amendments and issued a Payment Claim inclusive of first class and second class variations. The Respondent issued a payment schedule which rejected majority of the variations and diminishing the claim by nearly $500,000. The Respondent also purported back charges and penalties on to the Claimant.

Adjudicate For You made an adjudication application on behalf of the Claimant which was made in response to the Respondents purported Payment Schedule. The determination was in favour of the Claimant. The Claimant was also awarded 100% of the costs & penalty interest on the over due amount.

Payment Claim:                              $569,301.51

Payment Schedule:                     $72,204.25

Determination Value:                $369,342.40 + costs + penalty interest

Case Study 3

The Claimant was approximately 90% completed on a major construction project. With mounting site issues, disputes on contract works, unresolved variations, unfair back charges, and a hostile Respondent, the Claimant was ultimately terminated from the contract by the convenience of the Head Contractor (the Respondent). After consultation with Adjudicate For You, the Claimant made the appropriate amendments to its approach to certain issues and issued a Final Payment Claim inclusive of first class and second class variations, which also addressed the Respondents back charge claims. The Respondent issued a payment schedule in response to that Payment Claim which was disputed by the Claimant.

Adjudicate For You made an adjudication application on behalf of the Claimant which was made in response to the Respondents Payment Schedule. The determination was in favour of the Claimant. The Claimant was also awarded 100% of the costs & penalty interest on the over due amount.

Payment Claim:                               $558,386.33

Payment Schedule:                     -$365,191.93

Determination Value:                $226,522.06 + costs + penalty interest

Case Study 4

The Claimant successfully completed a complex residential construction project. The Claimant made its final claim for the works associated with the project, which included the balance of contract works, outstanding variations, and a 50% release of cash retention. The Respondent issued a Payment Schedule outside of the time as prescribed in the Act. Further to that, the Payment Schedule was for a Nil payment, as the Respondent purported to issue back charges, penalties and delay costs to the Claimant. After consulting with Adjudicate For You, The Claimant was advised on the best strategy to ensure their claim was in line with the auspices of the Act. The Claimant issued a second opportunity to the Respondent to issue a valid Payment Schedule. The Respondent failed to do so in line with the time as prescribed with in the Act.

Adjudicate For You made an adjudication application on behalf of the Claimant after careful and detailed consideration of the information provided by the Claimant. The Respondent was not afforded the ability to issue a response by the Adjudicator to the application. The final determination was in favour of the Claimant. The Claimant was also awarded 100% of the costs & penalty interest on the over due amount.

Payment Claim:                                 $367,339.67

Payment Schedule:                       Nil

Determination Value:                $302,877.68 + costs + penalty interest

Case Study 5

The Claimant successfully completed a renowned construction project. The Claimant issued a Final Payment Claim for the balance of the contract works, approved variations and release of the cash retention. The Respondent issued a Payment Schedule which purported back charges and other costs be charged to the Claimant. The Respondent also purported that the cash retention will not be released until a condition of the contract was met by the Head Contractor (the Respondent). This constituted a ‘Pay when Paid’ provision, which has no effect under the Act.

After consultation with Adjudicate For You, the Claimant promptly briefed us on the matter and we were able to advise on the best strategy. Adjudicate For You made an adjudication application on behalf of the Claimant after careful and detailed consideration of the information provided by the Claimant. The Respondent opted to settle the matter, rather than allow an Adjudicator to issue a determination on the matter. After agreeing to a mutual termination to the Contract the Claimant was able to settle for an appropriate value and received that payment immediately.

Payment Claim:                                $202,105.30

Payment Schedule:                      $1,870.11

Determination Value:                $110,000.00

Case Study 6

The Claimant successfully completed a complex construction project and the Defects & Liability Period of 12months had been finalised. The Respondent was unfairly withholding the balance of cash retention after the completion of the Defects & Liability Period. When the Claimant made a payment claim for the balance of the retention value, the Respondent issued a payment schedule which purported back charges and was for a zero value. The Claimant contacted Adjudicate For You immediately.

Adjudicate For You made an application on behalf of the Claimant after careful and detailed consideration of the information provided by the Claimant. The final determination was in favour of the Claimant. The Claimant was also awarded 100% of the costs & penalty interest on the over due amount.

Payment Claim:                                 $51,067.06

Payment Schedule:                       Nil

Determination Value:                 $51,067.06 + costs + penalty interest