Over the last decade, adjudication has taken root in several places around the world. This page offers a view of all these jurisdictions.
Adjudication was first given statutory effect in England and Wales in 1996. The jurisdictions which have legislation have grown in number since then:
|Date of Legislation||Jurisdiction|
|1996||England & Wales|
|1999||New South Wales|
|2009||Australian Capital TerritorySouth AustraliaTasmania|
In 2003, the Royal Commission into the Building and Construction Industry (the Cole Report) recommended at recommendation 116 that the Commonwealth of Australia enact a Bill in the form set out at Appendix 1 to Volume 8. That recommendation for an Australian model for construction adjudication has yet to be implemented.
Australian Capital Territory
The Building and Construction Industry (Security of Payment) Act 2009 commenced on 1 July 2010
The first jurisdiction to introduce the right to adjudication, following the recommendations of the Latham Report. The legislation was bundled into a composite departmental bill, hence the ungainly title of the Housing Grants, Construction and Regeneration Act 1996, and came into effect for contracts entered into from May 1998.
The main legislation is contained in Part II (section 104 et seq) of the Housing Grants, Construction and Regeneration Act 1996. By virtue of the Housing Grants, Construction and Regeneration Act (England and Wales) (Commencement No. 4) Order 1998 the legislation applies to contracts entered into from 1st May 1998. The legislation works by providing that parties to a construction contract have a right to adjudication in line with eight compliance points, which are briefly set out in the Act; if there is no compliant provision in the construction contract, then the default scheme set out at length in theScheme for Construction Contracts (England and Wales) Regulations 1998 will apply. By the Act itself, residential contracts are excluded, and certain other types were excluded by Construction Contracts (England and Wales) Exclusion Order 1998.
The Construction Industry Payment and Adjudication Act 2012 was gazetted on 22 June 2012. It is an evaluative scheme.
New South Wales was the first state in Australia to introduce adjudication; the Building and Construction Industry Security of Payment Act 1999 applies from 26th March 2000. Amendments were made by the Building and Construction Industry Security of Payment Amendment Act 2002 No 133.
The New Zealand legislation is contained in the Construction Contracts Act 2002
By The Construction Contracts (1997 Order) (Commencement) Order (Northern Ireland) 1999, the legislation applies to contracts entered into from 1st June 1999
By The Construction Contracts Exclusion Order (Northern Ireland) 1999, PFI and certain other contracts are excluded.
The Construction Contracts (Security of Payments) Act 2004 came into force on 1st July 2005. The adjudication scheme created by the Act was amended by Part 4 the Community Justice Centre Act 2005 on 22 February 2006 to provide for the determination of small claims (under $10,000) through the Community Justice Centre for a fixed fee of $500.
The Act was amended by the Justice Legislation Amendment Act 2006 on 1 July 2006. That Act has:
amended section 45 of the Act, so that adjudicators’ determinations can now be enforced as judgments in the Local Court without the need for the person wishing to enforce the determination to have to first seek leave of the Court; and
added a new section 67 to provide transition provisions to facilitate the repeal of the Workmen’s Liens Act.
On 1 August 2006, Section 66 of the Act came into force and as a consequence the Workmen’s Liens Act has now been repealed
The Construction Contracts (Security of Payments) Regulations 2004 commenced operation on 1 July 2005.
There is a Department of Justice website.
Legislation was introduced in 2004, applying to contracts from 1st October 2004. See theBuilding and Construction Industry Payments Act 2004 and the Building and Construction Industry Payments Regulation 2004
The legislation is run under the wing of the Building & Construction Industry Payments Agency, whose website is at http://www.bcipa.qld.gov.au/default.asp. Unusually, the government publishes adjudicators’ decisions at http://www.bcipa.qld.gov.au/ars%5Fxweb/
By the Housing Grants, Construction and Regeneration Act 1996 (Scotland) (Commencement No. 5) Order 1998, the relevant part of the Housing Grants Construction and Regeneration Act 1996 came into effect in Scotland for contracts entered into from 1st May 1998. The default scheme is set out in The Scheme for Construction Contracts (Scotland) Regulations 1998. See also the The Construction Contracts (Scotland) Exclusion Order 1998
This legislation is modeled on the English legislation.
The Building and Construction Industry Security of Payment Act 2004 is effective from April 2005.
A summary of the legislation appears at http://www.bca.gov.sg/. It is based on the New South Wales legislation.
The Building and Construction Industry Security of Payment Bill 2009 was passed by both houses on 3 December 2009. See South Australian billboard.
There is a Bill currently (December 2009) before parliament; see government statement
Victoria’s legislation is the Building and Construction Industry Security of Payment Act 2002. See also the Building and Construction Industry Security of Payment Regulation 2003
The old legislation took effect from the end of January 2003, and is administered by the Victorian Building Commission. Extensive amendments to the Act apply to contracts entered into on or after 30th March 2007.
There is a state government website.