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
Introduction The recent High Court decision in Mann v Paterson will raise as many questions as the answers it provides. Background Mr & Mrs Mann (“Mann“) owned land in Blackburn, Melbourne. They entered into a contract with Paterson Constructions Pty Ltd (“Paterson“) to build two double storey apartments (“Units“). The contract sum was $971,000 and the […]
Papers and Articles
Paper for AMPLA Conference 2009
The effectiveness of various contractual approaches at delivering the intention of the contract draftsman in the event that something goes wrong with the project.
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.
Today the High Court delivered its first judgment in respect of the security of payment and adjudication regime (Southern Han Breakfast Point Pty Ltd (in Liquidation) v Lewence Construction Pty Ltd  HCA 52). Two things come out of the decision: The existence of a ‘reference date’ is a jurisdictional precondition to making a payment […]
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 […]