Skip to Content

Construction Law Resources

Videos

3. Referring to Adjudication

In this video we examine the adjudication process. This video considers whether the adjudicator’s decision should be quashed where the adjudicator knew that the referral had been made outside the 20 day period, yet proceeded to conduct the adjudication regardless.

Construction Law Updates

    The right to fix defective work

    No. 1509

    In Update 1509 we examine the balancing act between the builder’s right to rectify its defective work and the owner’s right to insist on the rectification work being done in a particular way. In general, when defective work is found on a completed build, the builder has a right to go back and rectify.

    However, this is a right that can be lost by the builder’s conduct, such as a persistent refusal to admit the scale of the problem. Equally, owners can jeopardise their right to claim compensation for work done by others if they unreasonably insist on unnecessary work.

    The NSW Supreme Court has recently set out the guiding principles that inform the decisions to be made by parties in this situation.

Papers and Articles

The effectiveness of various contractual approaches

Paper for AMPLA Conference 2009

The effectiveness of various contractual approaches at delivering the intention of the contract draftsman in the event that something goes wrong with the project.

Books and Publications

The Worker’s Liens Casebook

by Robert Fenwick Elliott

The Worker’s Liens Casebook by Robert Fenwick Elliott is now on sale for $145.

Legislation

Legislation

This page contains links to some of the most-often referred to Australian national and state legislation that is most relevant to construction and engineering law.

Cases

Contract is King

Today the High Court delivered its first judgment in respect of the security of payment and adjudication regime (Southern Han Breakfast Point Pty Ltd (in Liquidation) v Lewence Construction Pty Ltd [2016] HCA 52). Two things come out of the decision: The existence of a ‘reference date’ is a jurisdictional precondition to making a payment […]

Adjudication

Romeo v TQM Design and Construct Pty Limited [2013] NSWCA 72

When parties to a construction contract fall into dispute, and settle those disputes by means of a deed of settlement, is that deed of settlement a construction contract which can found a payment claim under the Security of Payment legislation? In this case the settlement deed proved for an initial payment, and then payment of […]

Legal notes

Consensual Adjudication

There are a number of features of adjudication in Australia that differ from its older brother in the UK; one of them is in the use of consensual adjudication.