Adjudication News
Denial of natural justice defeats adjudication determination
27 July 2010
Adjudication proceedings under the Building and Construction Industry Payments Act 2004 (Act) have frequently been described as a 'pressure cooker' environment for all participants, including the adjudicators. The recent decision of David & Gai Spankie & Northern Investments Holdings Pty... [Read more]
The timing of an application to an ANB and the late issuing of an adjudicator’s decision
26 July 2010
In recent years, there have been a number of court judgments concerning the enforcement of adjudicators’ decisions that have reviewed the circumstances in which an adjudicator’s decision is considered to be out of time and therefore unenforceable.... [Read more]
10 Top Tips To Avoiding Construction Payment Disputes - Fresh Business Thinking
23 July 2010
Ensure that the Adjudication Clause does not say that you will have to pay the other party's and the Adjudicator's costs, whoever wins. ...... [Read more]
The supervening insolvency of a successful party in adjudication
13 July 2010
In England and Wales, it is well established law that the Courts have discretion to issue a stay in adjudication enforcement proceedings where there is evidence of the supervening insolvency of the successful party. The situation in Scotland concerning supervening... [Read more]
10 TOP TIPS TO AVOIDING CONSTRUCTION PAYMENT DISPUTES - BigNews.biz (press release)
01 July 2010
Ensure that the Adjudication Clause does not say that you will have to pay the other party's and the Adjudicator's costs, whoever wins. ...... [Read more]
To what extent are Adjudication Determinations under the Building and Construction Industry Security of Payments Act 1999 (NSW) subject to review by the Court?
01 July 2010
Since our article in April 2010, there have been some further developments on the question of the ability of parties to seek the Supreme Court’s assistance to set aside unfavourable determinations made under the Building and Construction Industry Security of... [Read more]
Adjudication - Be careful what you wish for!
01 July 2010
It has been a common practice for the last 12 years for the Referring Party to carefully choose the terms of reference for the adjudicator so that the matter referred is the most advantageous to the Referring Party and most... [Read more]
Construction and engineering update
29 June 2010
A recent decision in the TCC has addressed a number of important issues, including: "Tolent" clauses; what happens when contractual adjudication provisions are found to be non-Act compliant; and whether joinder provisions in adjudication clauses are permissible and the minimum... [Read more]
To what extent are Adjudication Determinations under the Building and Construction Industry Security of Payments Act 1999 (NSW) subject to review by the Court?
25 June 2010
Further to our article in April 2010, there have been some further developments on the question of the ability of parties to seek the Supreme Court’s assistance to set aside unfavourable determinations made under the Building and Construction Industry Security... [Read more]
The need for restraint
24 June 2010
This article argues that a recent Technology and Construction Court case opens up the possibility of a new attack for those intent on disrupting an adjudication process. In trying to support adjudication the court may have opened the door to... [Read more]
Building Blocks - June 2010
17 June 2010
In this edition we consider: Statutory demands and adjudication – Shaw v MFP Foundations & Piling Limited (2010) / LAD’s and termination – (1) Selby Hall (2) Philip Shivers v Jan Van Der Heiden (2010) / Pay when paid clauses... [Read more]
Changes to the Construction Act and the Scheme - a quick round-up
02 June 2010
Here is the coffee-break version of the amendments to the Construction Act 1996 and the consequential amendments currently proposed for the Scheme,... [Read more]
Changes to the Construction Act and the Scheme - a quick round-up
02 June 2010
Here is the coffee-break version of the amendments to the Construction Act 1996 and the consequential amendments currently proposed for the Scheme,... [Read more]
Simcorp fails to tackle the Gold Coast Titans
02 June 2010
In proceedings that have ducked and weaved faster than Preston Campbell, no sooner had Simcorp Developments and Constructions Pty Limited (Simcorp) won a $3 million adjudication determination under the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) the Supreme... [Read more]
Simcorp fails to tackle the Gold Coast Titans
02 June 2010
In proceedings that have ducked and weaved faster than Preston Campbell, no sooner had Simcorp Developments and Constructions Pty Limited (Simcorp) won a $3 million adjudication determination under the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) the Supreme... [Read more]
Adjudicator's Award - Is it worth the paper it's written on?
01 June 2010
The purpose of this article is not to traverse ground which has previously been discussed in these pages but to pose the question whether the adjudicator?s award is worth the paper it is written on. On the face of it... [Read more]
Adjudicator's Award - Is it worth the paper it's written on?
01 June 2010
The purpose of this article is not to traverse ground which has previously been discussed in these pages but to pose the question whether the adjudicator?s award is worth the paper it is written on. On the face of it... [Read more]
Construction and infrastructure updater - May 2010
28 May 2010
Frustration, breach of contract and repudiation / Adjudication: dispute resolution provisions in GC Works/1 / Adjudication and the Scheme of Construction Contracts / Suspension and repudiation... [Read more]
Construction and infrastructure updater - May 2010
28 May 2010
Frustration, breach of contract and repudiation / Adjudication: dispute resolution provisions in GC Works/1 / Adjudication and the Scheme of Construction Contracts / Suspension and repudiation... [Read more]
Adjudication rights under The Construction Act - its all or nothing
27 May 2010
The Construction Act, which gives the parties to a construction contract the right to adjudicate their disputes, specifically excludes certain construction operations. But what happens if part of a dispute relates to excluded operations and part of it doesn’t?... [Read more]