Building Industry Fairness (Security of Payment) Act 2017

An adjudication certificate may be filed as a judgment for a debt, and may be enforced, in a court of competent jurisdiction.

An adjudication certificate can not be filed under this section unless it is accompanied by an affidavit by the claimant stating that the whole or a part of the adjudicated amount has not been paid to the claimant at the time the certificate is filed.

If the affidavit states that part of the adjudicated amount has been paid, the judgment is for the unpaid part of the amount only.

If the respondent commences proceedings to have the judgment set aside—

the respondent is not, in those proceedings, entitled—

to bring any counterclaim against the claimant; or

to raise any defence in relation to matters arising under the construction contract to which the adjudication certificate relates; or

to challenge the adjudicator’s decision; and

the respondent is required to pay into the court, as security, the unpaid portion of the adjudicated amount pending the final decision in those proceedings.