Construction Law Resources
Videos
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.
Construction Law Updates
The builder’s right to fix
No. 1904
Introduction When a dispute over defective building work turns ugly, the owner is sometimes tempted to refuse the builder the opportunity of returning to rectify the defects. There are risks in this course. This Update considers a recent NSW Supreme Court decision on the topic. [1] If an owner engages a new builder to carry […]
Papers and Articles
The effectiveness of various contractual approaches
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
The Worker’s Liens Casebook
by Robert Fenwick Elliott
The Worker’s Liens Casebook by Robert Fenwick Elliott is now on sale for $145.
Legislation
Legislation
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.
Cases
Contract is King
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 [2016] HCA 52). Two things come out of the decision: The existence of a ‘reference date’ is a jurisdictional precondition to making a payment […]
Adjudication
Romeo v TQM Design and Construct Pty Limited [2013] NSWCA 72
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 […]
Legal notes
Consensual Adjudication
There are a number of features of adjudication in Australia that differ from its older brother in the UK; one of them is in the use of consensual adjudication.