We get it – when a dispute arises, we often turn to the traditional route… because the situation is stressful enough, so why chuck in a new process that feels unfamiliar, right?
Here at Lauderdale, we’re on a mission to shake up the construction industry by fearlessly protecting the assets of hardworking Aussie homeowners and construction pros.
That’s why we’re here to guide you in the right direction with Security of Payment, to help you get paid, for work done.
The traditional litigation route is often riddled with delays, escalating costs, and uncertainty that can ultimately make an already stressful situation even more intense, stressful, and well… straight ‘BS’ if you ask us.
So, what if we could tell you that there is a more efficient, and cost-effective way to resolve disputes without all that?
Introducing Security of Payment – your secret weapon when it comes to getting paid.
Don’t believe us? Too easy – let us break down why adjudication is the better choice and why you should consider it before heading to court, with the ultimate showdown – Security of Payment vs. Traditional Litigation.
Court Litigation
In the right corner, weighing in at 170 pounds of pure bureaucratic muscle and endless paperwork is Court Litigation.
The Downsides of Court Litigation:
1. Time-Consuming – In person court attendance
You’re looking at multiple days off work, attending hearings, being cross-examined, and sitting in a tribunal or courthouse – potentially impacting your income and a significant loss of valuable work time.
2. Formal Process aka The Stuffy Suit Show
Picture this: a grand, intimidating courtroom, packed with rules, procedures, and all the formalities you could imagine. Bring your best suit (you’ll need it), plus a willingness to be grilled in the witness box, with cross-examinations that can feel like a legal obstacle course. Got a statement you think makes your case? Well, watch out—it might not even make the cut due to strict evidence rules.
3. Slow Process
Court cases can take months, if not years to resolve. This means prolonged stress, uncertainty, and an ongoing drain on your resources.
4. High Risk
Unlike adjudication, the odds in court are not stacked in your favour (sorry to break it to you!). There’s no certainty of winning, and there’s always the chance that costs could be awarded against you, leaving you even worse off than before (WHAT?!)
5. Scope of Claims – The Whole Can of Worms
Step into court, and you’re in for the full show. What started as a straightforward payment dispute can morph into a saga, with breaches of contract, cross claims, and a quest for every last fact under the sun. It’s the place to hash out all the messy details—but brace yourself, because even the simplest claim can blow up into a much bigger battle.
6. Expensive
Simple math: the longer a case drags on, the more it costs right? From legal fees to court expenses and even the cost of an expert witness, the financial burden of litigation can be all-encompassing, and often crippling.
7. Court Decisions can be more Easily Challenged and Overturned
Court decisions offer a structured appeal process, allowing challenges based on errors in law, procedure, or factual disputes. While this flexibility can work in your favour, it can also extend the dispute and increase costs. Each appeal level adds legal fees, court costs, and time, potentially dragging the matter out for months or even years – a costly path for those seeking a quick resolution.
Adjudication – Security of Payment
Now, in the left corner, weighing in at a sleek 150 pounds of quick resolutions and unbeatable success rates, it’s the undisputed champion: Adjudication!
The Benefits of Adjudication
1. Online Convenience
Adjudication offers a fully online process, which means everything can be handled through written submissions – so you don’t need to physically be anywhere (you could do it from the couch in your jocks if you really wanted). This saves time, energy, and the hassle of arranging in-person meetings.
2. Informal Process aka The Laid-Back Lounge
Forget the stuffy courtroom—adjudication’s all about practicality. No cross-exams, no witness boxes, and no tossed-out evidence based on technicalities. Just submit the docs that back your payment claim, no need for fancy theatrics. It’s a straightforward, no-suit-required process that’s designed to get to the heart of the matter without the courtroom drama.
3. Fast Resolution
Unlike litigation, adjudication delivers results in approximately 35 business days, sometimes even less. It’s designed to be a speedy process so you can move on with your life and business.
4. Low Risk
The #1 (in our opinion) most appealing aspect of adjudication is its high success rate. With a 94% chance of winning for claimants, there’s a strong chance of getting a winning outcome, making it a low-risk option compared to the uncertainty of court battles. You don’t get those odds at the Powerball, do you?
5. Scope of Claims – Keep It Simple
Adjudication keeps it simple: it’s all about the payment. No room for finger-pointing about negligence or dragging in unrelated contracts. You won’t have to dodge surprise claims or fend off attempts to distract from your actual payment dispute. Just the essentials—payment in, payment out—without the worms.
6. Affordable – More Money in Your Pocket!
Court fees can quickly spiral out of control, especially with lengthy proceedings. Adjudication, on the other hand, offers a more budget-friendly and streamlined solution, helping you avoid the financial strain that often comes with litigation.
7. Adjudication Determinations are Tough to Shake
Adjudications are built to be almost bulletproof – once a determination’s in, it’s sticking around. Designed to keep cash flowing and projects rolling, these decisions aren’t up for endless nit-picking.
Unless there’s a major blunder (think: a jurisdictional misstep), you’re not getting it overturned. It’s quick, it’s binding once filed in the court, and it’s a win for contractors looking to dodge courtroom drama and get paid without the fuss.
Bottom Line: Adjudicate. Don’t Litigate.
We’re here to offer genuine help and steer you on the right path – and, we truly believe that adjudication is that. It offers a fast affordable and low risk way to resolve your dispute.
If you’re in a pickle and looking to get paid, for work done NOW – head over to our Security of Payment page to find out how we can help you. Or, if you have all the info you need, book a call and let’s get started.
