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Introduction to the Adjudication Process Jurisdiction of the Adjudicator Service of the Notice of Adjudication Selecting an Adjudicator under the Act Selecting an Adjudicator with Building Disputes Tribunal Building Disputes Tribunal Panel of Adjudicator's Payment of Security for the Adjudicator's Fees Agreement between the parties as to the Adjudicator Service of the Adjudication Claim What to include in Adjudication Claim Responding to Adjudication Claim What to include in Response Enforcing Adjudicator's Determination Judical Review |
There is no set formula for determining how much an adjudication may cost as the cost depends on a number of factors including the complexity of the matters in issue, the volume of documentation provided and whether you choose to engage legal or other expert assistance. There are broadly 2 types of costs that may be incurred:
Adjudicator Fees and ExpensesThe fees and expenses of the Adjudicator are typically meet by the parties in equal shares. There are limited instances where an adjudicator can award costs in unequal portions such as where there has been bad faith or allegations or objections without substantial merit. Building Disputes Tribunal Adjudicators have a range of hourly rates and typically charge on a time and attendance basis. What this means is that they charge for all time that they spend determining the matter based on their hourly rate. Security to Secure the Appointment of an AdjudicatorBefore Building Disputes Tribunal can issue a Notice of Acceptance, it requires the parties to have paid security into its trust account. The amount of security is determined on the basis of the amount in dispute and is an estimate. For example, if your dispute is for more than $500,000, more security will be required than if your dispute was for $85,000. It is sensible for a party wishing to commence an adjudication to pay the whole amount of the security required so that there are no delays in getting things underway. Parties are able to pay by credit card, direct debit or cheque (note that there will be a delay while a cheque clears). To find out the amount of security required for your dispute, see our Schedule of Security for Adjudicator's Fees. Fixed Fee Service for Claims less than $50,000Building Dispute Tribunal provides a fixed fee adjudication service for claims of less than $50,000 (some conditions apply). This service is intended to provide certainty to the parties as to the likely costs of taking a dispute to adjudication (excluding legal fees) and to encourage parties to adjudicate disputes that would otherwise have not been adjudicated due to the costs being prohibitive. To view a Schedule of the Fixed Fee for Resolution of Disputes of less than $50,000, click here...
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