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
A recent NSW Supreme Court decision in Southern Han Breakfast Point Pty Limited v Lewence Construction Pty Limited  NSWSC 502 examines whether an adjudicator has the power to make a determination that the builder is owed a further progress payment under the AS4000-1997 contract after the work has been taken out of its hands.
This decision is likely to have persuasive influence in SA and other States that mirror the NSW legislation and may provide a strategic advantage to principals.
Papers and Articles
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
by Robert Fenwick Elliott
The Worker’s Liens Casebook by Robert Fenwick Elliott is now on sale for $145.
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.
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)  SASC 49, in which judgment was delivered on 2 April 2012, is not one of them. The judgment runs to 461 pages, and […]
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 […]