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Tasmania · adjudication

How adjudication works in Tasmania

Adjudication is the fast, binding-for-now determination of a payment dispute under the Building and Construction Industry Security of Payment Act 2009 (TAS), built for cash flow, not courtroom perfection. In Tasmania, applications go through a private authorised nominating authority, with determinations typically within 10 business days of acceptance. The strongest position a subcontractor can hold is a valid payment claim the builder never answered with a payment schedule: the full amount becomes payable and the builder's defences are barred.

Tasmania's regime, in 90 seconds

The sequence

A valid payment claim starts everything. The builder has 10 business days to serve a payment schedule saying what it will pay and why. From there, two roads: a schedule that disputes your claim leads to an adjudication application; no schedule at all makes the full amount a debt due, and in that case the builder is barred from raising its reasons before the adjudicator.

Tasmania's adjudication volumes are low, which in practice means a well-founded claim carries unusual negotiation leverage before any application is filed, because builders here rarely want to be the test case.

What wins at adjudication

Adjudicators decide quickly and on the documents. The winning inputs are boring: a claim that identifies the work and the amount, served on time to the right party; contemporaneous records (site diaries, notices, delivery dockets, emails anchoring dates); and a claimed amount built up transparently.

Most of that is decided months earlier, on site, by habit. The subbies who win at adjudication are the ones whose paperwork was already in order when the dispute started.

Where to apply

Authorised Nominating Authorities (guidance via CBOS Tasmania). Applications go through a private ANA.

Exact deadlines and application mechanics should be verified against the Act and current guidance before filing. They're strict, and a defective application wastes the strongest lever you have. Official guidance: https://www.cbos.tas.gov.au

Where does your contract sit?

Adjudicate Pro: what an adjudicator would likely award under Tasmania law, and whether to apply.

Assess my payment dispute free

Frequently asked questions

How long does adjudication take in TAS?

Determinations typically land within about 10 business days of the adjudicator accepting the application. The regime is built to move at cash-flow speed, not litigation speed.

Do I need a lawyer to adjudicate?

No. The regime was designed for parties to run themselves, and many subcontractors do. For larger or messier disputes a construction lawyer's review of the application is cheap insurance. Either way, the evidence that decides it is the paperwork you kept on site.

Screwed Down by Mat Kennedy
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Chapter 18 of Screwed Down: Silence is a debt due
What it costs you in dollars, the clause to ask for, and what to do on Monday.
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Keep reading
How does adjudication actually work? →What makes a progress claim one that actually gets paid? →Can I suspend work if I'm not being paid? →How long can a builder take to pay a subcontractor in Tasmania? →Time bars in Tasmania subcontracts: what you lose, and when →Retention on Tasmania subcontracts: what's normal, and what to watch →Not being paid in Tasmania: when can you lawfully stop work? →Variations on Tasmania subcontracts: getting changed work paid →

General information for Australian subcontractors, not legal advice. Statutory deadlines change and have exceptions. Verify against the Act and current guidance, or with a construction lawyer, before acting on them.