The third video in our series of videos on the Building and Construction Industry Security of Payment Act 2009 (SA).
In this video we examine the adjudication process. The new law introduces a regime whereby a contractor, who is dissatisfied by a failure to pay or a payment of a lesser amount than claimed, can refer the dispute to adjudication for prompt determination. The law states that, if referring to adjudication based on a failure to pay, the referral must be made within 20 days after the due date for payment of the claim.
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.