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
Referring to Adjudication
No. 1106
Adjudicators are given considerable power under the law to make determinations as to how much money is due for progress payments and the dates upon which payment should be made. When an adjudicator makes an error, the aggrieved party is likely to try to find what is called a ‘jurisdictional error’ to enable them to have the adjudicator’s decision overturned
by a court.
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
Decor vs Cox
The first Australian decision on a global claim for damages arising from the failure of the head contractor to properly co-ordinate a building project.
Adjudication
Robert Fenwick Elliott NT Adjudication decision
In the Northern Territory, determinations by adjudicators are published, but with the names of the parties removed. For a recent decision by Robert Fenwick Elliott as adjudicator, see http://www.nt.gov.au/justice/policycoord/documents/construction/27_12_01.doc.
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.