Preparing evidence for adjudication

Resources · Practical guide

A persuasive claim allows the reader to move from the amount claimed to the contractual basis, the work performed and the supporting record. A large document bundle does not achieve that by itself. The documents need to explain the particular dispute.

Start with the claim and the response

Keep the exact payment claim that was sent, its attachments and the payment schedule or other response received. Preserve the emails, delivery records or other evidence showing when and how each document was given. A later spreadsheet may explain the figures, but it should not replace the original claim.

Prepare a short chronology recording the contract date, relevant work periods, claim date, delivery date, response date and payments received. Identify the source document for each entry. Distinguish a date printed on a document from the date it was actually sent or received.

Build an issue-by-issue evidence file

For each disputed item, record four things: what is claimed, the contractual basis relied on, how the value is calculated and where the evidence can be found. Keep the numbering consistent between the claim, calculation, submissions and document index.

For measured work, the supporting material might include drawings, marked-up measurements, site records and the relevant rates. For daywork, it might include signed dockets, labour records, plant records and the agreed charging basis. Photographs are more useful when their date, location and subject are identified.

Preserve the original records

Retain complete email chains, attachments and original photographs. An extract can make a submission easier to read, but the surrounding record should remain available. Keep annotations on a working copy so the underlying document is preserved.

Where a person needs to explain what happened on site, identify what they personally saw, did or recorded. Separate their recollection from information obtained from somebody else. Support dates and quantities with contemporaneous records wherever available.

Answer the actual reasons for withholding payment

List each reason given in the payment schedule alongside the corresponding claim item. Then identify the documents and explanation that address that reason. If a deduction concerns incomplete work, defects, delay or a disputed rate, organise the relevant evidence under that issue.

This process also exposes gaps. A variation instruction may establish that work was requested without explaining its value. A cost invoice may establish expenditure without explaining the contractual entitlement to recover it. Both parts need attention.

Make the file usable

Use a numbered index, readable scans and consistent page references. Remove unnecessary duplicates from the working bundle while keeping the original file intact. Check that every document referred to in the submission is included and every total agrees with the calculation.

Document requirements, permitted submissions and application deadlines depend on the applicable scheme and the circumstances of the claim. Queensland also has specific requirements for claims of $25,000 or less. Check the relevant requirements before assembling the final application.

Official guidance

See the QBCC guidance on applying for adjudication and the NSW Government adjudication application guidance. For a starting point in your jurisdiction, use our state and territory guides.