The RICS DRS recognises that resolving construction disputes can often be a burdensome venture. This is why the RICS DRS have constructed several affordable options with regards to adjudication costs that are designed to minimise the costs of adjudication as well as provide a value-for-money and professional service to the industry. These costs are relevant to the jurisdiction in which the dispute arose.
For disputes relevant to the Queensland, New South Wales, ACT, Victoria and Tasmanian jurisdictions, claimants have the option of three fee structures – Pro Bono adjudication, Fixed Fee Adjudication and Non-Fixed Fee Adjudication. Generally, eligibility for these fee structures depend on the amount of the payment claim (including GST). These schemes are detailed below.
For disputes in Western Australia and Northern Territory, please refer to the specific section regarding these jurisdictions.
- Pro-bono scheme.
- Fixed fee adjudication.
- Non-fixed fee adjudication / hourly rates.
- Western Australia & Northern Territory.
- Withdrawal of adjudication application.
- Cost of adjudication review (Victoria only).
Pro-Bono Adjudication
As a service to the public, the RICS DRS offer free of charge adjudication for very small disputes. Generally, these disputes are for payment claims which do not exceed $1,500.00 including GST.
This offer includes:
- No adjudication application
- No adjudicator costs
- No costs for an adjudication certificate should one be required.
- No disbursement fees
- However….subject to terms and conditions.
To apply for pro-bono adjudication, simply indicate this fact when you apply for adjudication on the RICS DRS adjudication application form relevant to your jurisdiction.
Fixed Fee Adjudication
(Does not apply to Western Australia or Northern Territory)
The RICS DRS has designed a valuable package for those who require absolute certainty in regards to adjudication and Authorised Nominating Authority fees. The fixed fee adjudication package includes the following:
- Flat up front fee. This fee is applicable upon application
- Flat fee includes certification, and adjudicator fees
- This fee is applicable upon receipt of adjudication application
- Some provision for disbursement costs (excluding GST) depending on the fixed fee band (see below table)
- However….subject to terms and conditions.
The rates are as per the following table:
| Band | Payment Claim Range (inc. GST) | Total Adjudication Fees | Total Adjudication Fees (inc. GST) |
| 1 | 0 – 6,500 | 650 | 715 |
| 2 | 6,501 – 15,000 | 1,000 | 1,100 |
| 3 | 15,001 – 25,000 | 2,000 | 2,200 |
| 4 | 25,001 – 40,000 | 3,100 | 3,410 |
| 5 | 40,001 – 60,000 | 4,100 | 4,510 |
| 6 | 60,001 – 100,000 | 5,600 | 6,160 |
To apply for fixed fee adjudication, simply indicate this fact when you apply for adjudication on the RICS DRS adjudication application form relevant to your jurisdiction…
Non-Fixed Fee Adjudication / Hourly Rates
ANA Application Fees:
- RICS DRS does not charge for application fees for non-fixed fee Adjudication, or disputes involving payment claims exceeding $100,000.00 including GST.
Adjudicator Fees:
- Dependent on adjudicator (experience and relevant skills: $160 to $325 per hour – excluding GST)
Adjudication Certificate:
- Flat fee: $200.00 (excluding GST, $220.00 including GST)
Disbursements: (eg. copy and fax costs of documents)
- Disbursements are charged at cost price.
To apply for non-fixed fee adjudication, simply indicate this fact when you apply for adjudication on the RICS DRS adjudication application form relevant to your jurisdiction.
Western Australia and Northern Territory
Western Australia and Northern Territory security of payment regimes differ to their east coast counterparts. Because of these differences, particularly regarding the nature of the relationship between adjudicators and nominating authorities, the RICS impose a standard adjudication application fee depending on the payment claim size that is due when the adjudication application is served upon the prescribed appointer/appointor. The fee structure is listed below:
- 0 – 200,000 – Application Fee : $220.
- 200,001 – 500,000 – Application Fee: $330.
- 500,001 – 1 Million – Application Fee : $440.
- Above 1 Million – Application Fee: $660.
The adjudication application is then offered to a suitably registered adjudicator who handles the dispute directly with the parties.
NB A nomination charge of 10% is relevant to the fees of the adjudicator who accepts adjudications referred to them involving these particular jurisdictions.
Withdrawal of Adjudication Application
Withdrawal of an adjudication application, in Queensland, New South Wales, Victoria, Tasmania and ACT prior to release of final decision will incur a charge on the claimant.
Typically, this will mean a $220 ANA administrative charge plus the cost of time spent by the adjudicator on the adjudication application.
Cost of Adjudication Review (Victoria Only)
Under the Building and Construction Industry Security of Payment Act (2002), both claimants and respondent are permitted to apply for a review of an adjudication.
Review Fee: $2200 (including GST) plus the cost of the adjudication reviewers hourly rate (dependent on the reviewer chosen).
