This section of our website contains a video series on the practicalities of the Building and Construction Industry Security of Payment Act 2009 (SA). The 5 part video series depicts the practical working of South Australia’s progress payment legislation as applicable to the construction industry.
Videos
1. The Payment Claim
This video is a first in a series dramatising a hypothetical progress payment dispute that leads to an adjudication.
2. The Payment Schedule
This video discusses the necessary content of a Payment Schedule, the document that must be sent within 15 days in response to a Payment Claim, unless intending to pay in full.
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.
4. The Adjudication Response
In this video we examine the ‘adjudication response’ – the document that a respondent in an adjudication can submit that elaborates on any reasons for not paying the claimed amount (provided those reasons were included in the respondent’s payment schedule) and include copies of any supporting documents.
5. The Determination
This video looks at the end result of the adjudication process – the Adjudicator’s determination. The determination will set out what, if anything, the Adjudicator has found to be payable to the claimant and that payment can be enforced through the courts.