AANZ charges a processing fee of $400.00 inclusive of GST to select and nominate an adjudicator to determine a dispute under the CCA.
Adjudication fees consist of two parts - actual time incurred by your Adjudicator, plus external expenses like site visits, tests and costs. Under the Act, all fees are normally shared equally by the claimant and the respondent, however your adjudicator may decide on each party in a different proportion.
Your adjudicator may require security of fees before commencing adjudications as a proportion of a pre-estimate of the adjudication fees.
If issues are kept simple and the submissions of the parties are complete, clear and concise, adjudicator fees can be kept to a minimum. The process is intended to be informal, inexpensive and quick.
The AANZ Capped Price Adjudication Service
AANZ offers capped price adjudications in relation to adjudications progressed under the Construction Contracts Act 2002, in the circumstances set out below.
AANZ offers the capped price model for two classes of disputes:
Class A Disputes relating to an alleged breach or non-compliance with the requirements of Part 2 of the CCA relating to payment claims and payment schedules, where the parties agree to limit the documentation to be provided. The fee is fixed and is not a function of the value of the sum in dispute.
Class B Simple disputes other than those falling under Class A, where a minimal number of issues are in dispute, the claim is for an amount of money, and the Parties agree to limit the documentation to be provided. The maximum value of the matters in dispute as claimed is $40,000.
The details are set out below. All costs noted exclude GST.
IMPORTANT. Before an adjudicator commences an adjudication on a capped fee basis it is essential there is an agreement between the parties to proceed on this basis. The claimant needs to have the explicit agreement of the respondent, which should be obtained in writing prior to the claim being lodged. That agreement should be submitted to the adjudicator or otherwise confirmed.
