Adjudication Archives - Vincent Young

Adjudication Building Construction Litigation

30 November, 2023

Procedural Fairness In Adjudication

Demex Pty Ltd v McNab Building Services Pty Ltd NSWCA 261 The recent NSW Court of Appeal decision in McNab Building Services Pty Ltd v Demex Pty Ltd NSWCA 261 considered an appeal of a NSW Supreme Court decision quashing an Adjudicator’s decision under the Building and Construction Industry Security…

Victoria Caldwell

Adjudication Building Construction Defects Security of Payments

22 November, 2023

Jurisdictional Errors of an Adjudicator

Miller v LMG Building Pty Ltd NSWSC 995 Introduction The case of Miller v LMG Building Pty Ltd NSWSC 995 is a reminder of the obligations of an adjudicator when making a determination under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act). Relevant facts On 30…

Victoria Caldwell

Adjudication Building Construction Security of Payments

25 August, 2023

Setting Aside An Adjudicator’s Determination Under The SOP Act

Ceerose Pty Ltd v A-Civil Aust Pty Ltd (No 2) NSWSC 401 Under section 32A of the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act), the Supreme Court has a discretionary power to set aside the whole or part of an adjudicators determination that has been…

Brett Vincent

Adjudication Building Construction

23 March, 2023

An Adjudicator’s Power to Request Further Submissions

Pursuant to section 21(4) of Building and Construction Industry Security of Payment Act 1999 No 46 (NSW)(SOPA), adjudicators have powers to request further submission from either party provided that the other party has an opportunity to reply. Adjudicators can exercise this power any time after an initial submission has been…

bluesix

Adjudication Building Construction Contracts Law Security of Payments

14 December, 2022

‘Pay When Paid’ Clauses Do Not Work – Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5

What exactly is a ‘pay when paid’ provision? A ‘pay when paid’ provision is one where the release of retention under a subcontract is dependent on the operation of a clause of the head contract. Under s 12 of the Building and Construction Industry Security of Payment Act 1999…

bluesix

Adjudication Building Construction Contracts Law Property Security of Payments

16 March, 2021

Major Amendments to the Building and Construction Industry Security of Payment Regulation 2020 (NSW)

On 1 March 2021, Schedule 2 of the Building and Construction Industry Security of Payment Regulation 2020 (NSW) (Regulations) came into force. As a result, owner occupier construction contracts entered into on or after 1 March 2021 are no longer exempt from the application of the Building and Construction Industry…

bluesix

Adjudication Contracts Law Security of Payments

17 April, 2020

Galaxy Developments Pty Ltd v Civil Contractors (Aust) Pty Ltd t/a CCA Winslow & Ors [2020] QSC 51 (Galaxy Developments Case)

The recent decision of the Queensland Supreme Court in Galaxy Developments Pty Ltd v Civil Contractors (Aust) Pty Ltd t/a CCA Winslow & Ors QSC 51 (Galaxy Developments) examined whether an adjudication determination delivered outside the time period prescribed under the Building Industry Fairness (Security of Payment) Act 2017 (Qld)…

bluesix

Adjudication

12 January, 2018

Rich man, poor man – Inpecunious claimants enforcing an adjudication determination

Can a respondent not pay an adjudication determination because the claimant is acting as if it were broke? An adjudication has been made against a respondent. The builder or subcontractor (the claimant) is on the brink – trading at a loss, firing staff, changing corporate structure. The respondent knows they…

bluesix

Adjudication

Categories

Archives