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Building & Construction Lawyers - Disputes - Adjudication Claims
"We serve all Large Developments and Construction Projects ALL across Queensland"
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QBCC ADJUDICATION (BIFA ACT)

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ADJUDICATION SERVICES
PAYMENT CLAIMS, PAYMENT SCHEDULES, APPLICATIONS AND RESPONSES
CONSTRUCTION ARBITRATION LAYWER ADJUDICATION CLAIM, SCHEDULE, APPLICATION, SELECTION, RESPONSE LEGAL SERVICES.

We serve all Large Developments and
Construction Projects ALL across Queensland

HOW WE CAN HELP YOU
For Builders, Contractors, & Developers
CALL 1300 190 773
Get A No Obligation, Free Initial Consultation
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We offer comprehensive and flexible all-encompassing Technical, Quantum, Delay and Legal Adjudication Services, which allows our clients to benefit from our focused and knowledgeable approach to construction disputes.
Our adjudication service offering includes:
  • performing an initial assessment of the merits of the case
  • preparing adjudication submissions
  • prepare cost analyses to substantiate quantum
  • prepare forensic schedule analyses to evaluate delays
We assist with any of the SIX stages of the process:
(i) payment claim, (ii) payment schedule. (iii) adjudication application; (iv) adjudicator selection; (v) adjudication response; and (vi) enforcing determinations.
Only a multi-qualified Engineer/QS/Planner/Lawyer with 30 years of experience in construction in Australia can answer all your questions related to construction management, scheduling, determination of cost, liability, entitlement, and jurisdiction accurately, credibly, and with authority.
We offer comprehensive and flexible all-encompassing Technical, Quantum, Delay and Legal Adjudication Services, which allows our clients to benefit from our focused and knowledgeable approach to construction disputes.
Our adjudication service offering includes:
  • performing an initial assessment of the merits of the case
  • preparing adjudication submissions
  • prepare cost analyses to substantiate quantum
  • prepare forensic schedule analyses to evaluate delays
We assist with any of the SIX stages of the process:
(i) payment claim, (ii) payment schedule. (iii) adjudication application; (iv) adjudicator selection; (v) adjudication response; and (vi) enforcing determinations.
FREE CONSULTATION

Get A No Obligation, Free Initial Consultation
Or read our Frequently Asked Questions

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THE BENEFITS OF ENGAGING CLB ARE MULTIFOLD

We assist our clients to:
As Engineering, Construction, and Law Matter Experts, we can:
Ascertain their rights and obligations under the contract.
Interpret Drawings, Specifications, Construction Plans, Programs, and Schedules.
Determine whether a potential claim has merit and develop a win or defend strategy.
Determine the direct and indirect cost and the length of an EoT to ascertain quantum.
Use the data judiciously to prepare a strong Payment Claim or Payment Schedule.
Write Adjudication submissions and attend court.

Why engage a lawyer who in turn needs to engage ‘construction experts’ when you have access to CLB lawyers who are seasoned construction experts themselves?

QBCC Adjudicaton Claims - Adjudicaton Legal Services

QBCC Construction Contracts and Adjudication Service

Adjudication

What is Adjudication?

Adjudication is a procedure in which a dispute is referred to by one of the parties to the Queensland Building and Construction Commission (QBCC), who in turn appoints an independent adjudicator who makes a binding decision on the dispute. In choosing adjudication, the parties opt for a dispute resolution procedure instead of going to court.

In practice, the parties present their arguments and evidence to an arbitrator who acts as a judge and rules producing a binding determination and award. The adjudicator’s decision is enforceable in a court.

Adjudication typically provides a lower cost and speedier resolution than proceeding in court. The limited right to appeal adjudication determinations typically eliminates an appeal process that can delay the finality of the adjudication.

What is the adjudication process?

A payment claim is sent to the person responsible to make the payment typically 10 business days after the end of a calendar month, as a request for payment for construction works completed in the preceding month. The person responsible to make the payment (the Respondent) has 15 business days to respond to a ‘payment claim’ in a ‘payment schedule’.

If the respondent provides a payment schedule within the required timeframe, and the amount is less than the amount requested in the payment claim, the claimant has the right to apply for adjudication to the Queensland Building and Construction Commission (QBCC).

An application for adjudication must be submitted within 20 business days of receipt of the payment schedule. Once the application for adjudication is lodged with the QBCC registry, the QBCC will appoint an adjudicator within 4 business days

Adjudication Application

An adjudication application will be valid if:

(a) it is in the approved form, (b) identifies the payment claim and payment schedule to which it relates, (c) is accompanied by the fee prescribed by regulation for the application, (d) includes the submissions relevant to the adjudication application the claimant chooses to include, (e) the claimant supplied a copy to the respondent, (f) the adjudication application complies with the requirements of the SOP Act, (g) was made within the prescribed time, and (h) the application is neither frivolous nor vexatious

Why CLB?

New customer on the phone: “Thank you for your quote, we rang a few other lawyers and you were the only one that could answer all our questions from the get-go, we decided to engage you.”

‘Construction Lawyers’ who are not versed in technical matters needs to build their cases based on what others say. They write adjudication submissions based on affidavits and third party opinions concentrating in jurisdictional issues and leaving others to deal with the ‘real’ issues which led to the dispute (latent conditions, delay in approvals, incorrect materials, insufficient labour). However, adjudicators have to decide a dispute solely on the submissions in front of them; and after all the ‘noise’ in pages and pages of jurisdictional challenges and case law, it is sad for us when we act as adjudicators to see the merit in a poorly framed and/or poorly evidenced claim and having to decide against it because, when we act as QBCC appointed adjudicators, we must rule on the submissions before us and we are prevented from assisting any of the parties.

We are our client’s first choice because we understand the minute details written in technical specifications, we can read and interpret plans, we can analyse the impact of unanticipated events in P6 schedules and determine risk allocation, and we are familiar with HIA, AS2124, AS4000, FIDIC, NEC, and Bespoke contracts.

Our only area of practice is Construction Law - that says it all.

MEET OUR PRINCIPAL   

About Albert Merolla - Engineer / QS / PM / QLD Solicitor

Wouldn't you want to talk about your project's construction-legal-commercial issues with someone who really understands them?

An Engineer, Project Manager, QS and Planner who studied law and is now a Registered Solicitor and Adjudicator under the Building Industry Fairness Act (Security of Payments) BIFA in Queensland?

Albert started his career as a Design Engineer, and progressed to become an accomplished Engineering and Project Manager working for giants Leighton, AECOM, Fluor, SNC Lavalin, Bechtel, WSP Parsons Brinckerhoff, Bateman Engineering, and Parsons International. He developed many project development proposals (business case, estimate, schedule, contract conditions) and managed subcontracts during the execution of large construction projects.

Since graduating as a Juris Doctor in 2015, Albert worked hand-in-hand with the renowned New York White and Case General Counsel Dr Arman Habibi, and successfully managed mediation and arbitration proceedings in Australia and the Middle East. He prepared over 100 adjudication applications in most states of Australia, acted as an expert witness and resolved several matters referred for Expert Determination.

Qualifications and Registrations
  • Juris Doctor (USQ)
  • Gradip Legal Practice (USQ)
  • Practicing Certificate (QLS)
  • QLD Supreme Court (Member)
  • Certificate in Adjudication
  • Gradip Project Management (UNISA)
  • Electrical Engineer (Argentina)
  • MSC Commercial Management
  • MSC Quantity Surveying (Heriot Watt)
  • Project Controls Diploma
  • Forensic Schedule Analysis Diploma
  • Member Institute of Arbitrators (MCiarb)
  • MAIPM
  • FICCP
  • MRICS
  • Plumbing Diploma (TAFE)
  • Electrical Mechanic Tradesman Certificate
  • QBCC Adjudicator J15255524
WHY AUSTRALIA’S BEST BUILDERS, PRINCIPALS, DEVELOPERS, AND OWNERS TURN TO CONSTRUCTION LAWYERS BRISBANE.
30-Years of 
Construction Law
Experience
Real Engineering & 
Construction 
Industry Experience
Security of Payments 
Act (QLD), QBCC 
Adjudicator.

Our Services

Prepare a suite of standard administration documents (Potential Claim, EoT, Weekly and Monthly reports)
Contracts for procurement of long-lead items, fabrication and modularization, transport and installation on site.
Draft variations for cost and EoTs.
Identify counterclaims and apply liquidated damages.
Provide QS valuation certificates, P6 delay analysis and compliance with pre-conditions to a claim.
Insurance claims for design liability, performance below specification, incomplete works and re-work.
Expert winess reports on PM and QS matters.
Draft payment claims or payment schedules and follow through in the adjudication process.
Expert witness reports on MEP and F matters.
Appeal adjudicator’s decisions.
Expert Valuations.
Delay analysis and expert witness work.

GET HELP FROM THE CONSTRUCTION EXPERTS

How to proceed with your construction arbitration
The first step is to speak to our Senior Lawyer.

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C. Decide if there is a good fit between you and CLB.
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About Us

Our aim is to bring clarity to Construction Disputes for Developer Builders, Contractors, and Corporations by using our 30-years plus of experience in the construction industry working as Design Engineers, Estimators, Schedulers, Contract Administrators, and Project Managers.

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Head Office

74B Union St, 
Spring Hill QLD 4000
Australia
1300 190 773

Email: info@clb.net.au
Fax: 07 3839 5393
Mail: PO Box 200 Spring Hill, 4000

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