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Adjudication

Can Contractors Prove Their SOPA Losses When a Precise Calculation Cannot Be Performed? AdjudicationBuildingConstructionLitigationSecurity of Payments
10 July, 2024

Can Contractors Prove Their SOPA Losses When a Precise Calculation Cannot Be Performed?

The case of Canterbury Bankstown Council v General Works and Construction Pty Ltd NSWSC 310 This article deals with whether submissions have been duly made under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act) and what is necessary to establish losses where a precise calculation cannot…
Victoria Caldwell
Setting Aside An Adjudicator’s Determination Under The SOP Act AdjudicationBuildingConstructionSecurity of Payments
25 August, 2023

Setting Aside An Adjudicator’s Determination Under The SOP Act

Ceerose Pty Ltd v A-Civil Aust Pty Ltd (No 2) NSWSC 401 Under section 32A of the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act), the Supreme Court has a discretionary power to set aside the whole or part of an adjudicators determination that has been…
Brett Vincent
‘Pay When Paid’ Clauses Do Not Work – Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5 AdjudicationBuildingConstructionContractsLawSecurity of Payments
14 December, 2022

‘Pay When Paid’ Clauses Do Not Work – Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5

  What exactly is a ‘pay when paid’ provision? A ‘pay when paid’ provision is one where the release of retention under a subcontract is dependent on the operation of a clause of the head contract. Under s 12 of the Building and Construction Industry Security of Payment Act 1999…
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Major Amendments to the Building and Construction Industry Security of Payment Regulation 2020 (NSW) AdjudicationBuildingConstructionContractsLawPropertySecurity of Payments
16 March, 2021

Major Amendments to the Building and Construction Industry Security of Payment Regulation 2020 (NSW)

On 1 March 2021, Schedule 2 of the Building and Construction Industry Security of Payment Regulation 2020 (NSW) (Regulations) came into force. As a result, owner occupier construction contracts entered into on or after 1 March 2021 are no longer exempt from the application of the Building and Construction Industry…
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Galaxy Developments Pty Ltd v Civil Contractors (Aust) Pty Ltd t/a CCA Winslow & Ors [2020] QSC 51 (Galaxy Developments Case) AdjudicationContractsLawSecurity of Payments
17 April, 2020

Galaxy Developments Pty Ltd v Civil Contractors (Aust) Pty Ltd t/a CCA Winslow & Ors [2020] QSC 51 (Galaxy Developments Case)

The recent decision of the Queensland Supreme Court in Galaxy Developments Pty Ltd v Civil Contractors (Aust) Pty Ltd t/a CCA Winslow & Ors QSC 51 (Galaxy Developments) examined whether an adjudication determination delivered outside the time period prescribed under the Building Industry Fairness (Security of Payment) Act 2017 (Qld)…
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Rich man, poor man – Inpecunious claimants enforcing an adjudication determination Adjudication
12 January, 2018

Rich man, poor man – Inpecunious claimants enforcing an adjudication determination

Can a respondent not pay an adjudication determination because the claimant is acting as if it were broke? An adjudication has been made against a respondent. The builder or subcontractor (the claimant) is on the brink – trading at a loss, firing staff, changing corporate structure. The respondent knows they…
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