What Are Respondent Details?

The Respondent Details field refers to the information that identifies the party who is liable to make payment under a construction contract. This includes the legal name, Australian Business Number (ABN), and contact details of the party against whom the payment claim is made.

This field is a fundamental component of a Payment Claim as it clearly identifies who is responsible for payment, ensuring there is no ambiguity about the recipient of your claim.

Legal Requirements

Relevant Sections of the Act

Under Section 13 of the Building and Construction Industry Security of Payment Act 1999 NSW, a payment claim must be served on "the person who, under the construction contract concerned, is or may be liable to make the payment." While the Act does not explicitly detail the format of respondent details, case law has established important principles regarding the identification of the respondent.

Relevant Case Law

Practical Guidance

How to Complete This Field Correctly

1. Verify the legal entity: Confirm you're claiming against the correct legal entity that contracted with you, not just a trading name or related company.
2. Include full legal name: Use the complete registered name of the company or individual (e.g., "XYZ Constructions Pty Ltd" not just "XYZ").
3. Add ABN: Include the Australian Business Number to remove any doubt about identity.
4. Provide contact details: Include the physical address for service, and where appropriate, an email address or other electronic service details.

Where to Find This Information

• The signed construction contract (the most authoritative source)
• Company searches through ASIC Connect
• ABN Lookup on the Australian Business Register website
• Previous correspondence on company letterhead
• Purchase orders or variation approvals showing the correct entity

Common Mistakes and How to Avoid Them

Using trading names

Claiming against "XYZ Builders" when the legal entity is "XYZ Constructions Pty Ltd". Always use the full, registered legal name.

Confusing related entities

Sending a claim to the parent company instead of the specific subsidiary that holds the contract. Refer to the contract to identify the correct party.

Using outdated information

Using old company details if the respondent has changed names or restructured. Verify details before each claim, especially on long-term projects.

Missing ABN

Failing to include the ABN, which helps precisely identify the correct entity. Always include the ABN for clarity.

Risks of Not Including This Information

Legal Risks

Incomplete or incorrect respondent details can lead to jurisdictional challenges in adjudication, with respondents arguing the claim was not validly served on the correct legal entity.

Financial Risks

• Delayed payment while identity issues are resolved.
• Costs of reissuing claims and potential adjudication applications.
• Loss of statutory interest on late payments.

Dispute Risks

Ambiguity about the correct respondent often becomes a preliminary issue in disputes, diverting focus from the substantive payment matters and increasing the likelihood of technical defences.

Examples

RESPONDENT: 
XYZ Constructions Pty Ltd 
ABN: 12 345 678 901 
Address: Level 1, 123 Builder Street, Sydney NSW 2000 
Email: accounts@xyzconstructions.com.au

RESPONDENT: 
North Sydney Development Joint Venture 
comprising: 
- North Developments Pty Ltd (ABN: 23 456 789 012) 
- Sydney Constructions Limited (ABN: 34 567 890 123) 
Address: Level 12, 456 Harbour View, North Sydney NSW 2060 
Email: payments@nsdjv.com.au

Frequently Asked Questions