Section 17 of the BIFA regulation is a case in point. It affects adjudication applications and responses regarding payment claims of $25,000 or less.
Key points are:
- Submissions must be less than 10 pages.
- The only permitted supporting documents are those given with the payment claim/schedule, contract administration documents given to the other party, an expert report or a statutory declaration.
What should you do?
- If your submissions are more than 10 pages, you need not have bothered. They will not be considered.
- To be safe, attach relevant documents to your payment schedule, particularly for valuations of work and for set-offs e.g. for defective work.
- If you have not attached a document to a payment schedule or given the document to the other party, one option will be to explain it in a statutory declaration.
If you require further information or have any queries in relation to this legal update, please feel free to contact Lex Orange.
