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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

    Can a letter be a payment schedule?

    No. 1501

    The Supreme Court of South Australia has recently clarified the requirements of a payment schedule under the Building and Construction Industry (Security of Payment) Act 2009 (SA) in Linke Developments Pty Ltd v 21st Century Developments Pty Ltd [2014] SASC 203.

    The case confirms the test to be applied is whether a respondent to a payment claim has provided a payment schedule that includes sufficient particularity so as to enable the claimant to decide whether it wants to pursue its claim or not.

Papers and Articles

A Survival Course – Building and Construction Industry Security of Payment Act 2009 (SA)

A Survival Course on the new Building and Construction Industry Security of Payment Act 2009 (SA) – Master Builders Association Presentation 4th February 2010 – Presented by Robert Fenwick Elliott

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

Alstom v Yokogawa (No. 7): Good Faith Et Al

There are some seminal decisions in the area of construction law that are remarkably pithy, but the decision of Justice Bleby in Alstom Ltd v Yokogawa Australia Pty Ltd (No 7) [2012] SASC 49, in which judgment was delivered on 2 April 2012, is not one of them.  The judgment runs to 461 pages, and […]

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.