Adjudication in the Building Industry

Philip Davenport

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English

Federation Press
27 September 2021

Law; Construction & engineering law

Prompt payment has always been a problem in the building and construction industry. To address the problem, starting with NSW in 2000 and ending with Western Australia in 2021 every State and the ACT have enacted a Security of Payment Act. Radical legislative changes, particularly in NSW and Queensland, and recent High Court decisions have made previous texts on Security of Payment and Adjudication, including the 3rd edition of this book, outdated.

This edition shows contractors, subcontractors, suppliers and consultants step by step how to make statutory payment claims and adjudication applications. It is equally concerned to show recipients of claims how to defend claims and adjudicators how to adjudicate claims. The book includes precedents for each step of the process.

Of particular concern in NSW is that important protections given to home owners and occupiers under the Home Building Act 1989 have been abolished. Those consumers may not be aware of the urgency of taking steps to deal with payment claims that they dispute. Before entering any contract for residential building work they should read this book. Security of payment legislation overrides any inconsistent provision in a contract.

Hundreds of Supreme Court decisions on the powers of the Court to set aside adjudication determinations have been overruled by High Court decisions. This book aims to keep legal advisers and adjudicators up to date. Significant differences between the legislation in each jurisdiction are considered as are some unique aspects of the new Western Australian Act.

This book should also be compulsory reading for students of architecture, engineering, building and construction management, and accountants whose clients carry out or commission building or engineering work.

By: Philip Davenport
Imprint: Federation Press
Country of Publication: Australia
ISBN: 9781760023218
ISBN 10: 1760023213
Pages: 286
Publication Date: 27 September 2021
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

Philip Davenport is a solicitor with 50 years' experience with building and construction contracts. He authored and co-authored many books and papers, including Construction Claims, Unjust Enrichment and Adjudication in the Building Industry published by The Federation Press. Recognising the difficulty contractors have in recovering prompt payment, he devised a scheme for compulsory progress payments and rapid adjudication of disputed progress claims. The highly acclaimed scheme is know as Security of Payment. It was adopted by NSW in 2000 and has subsequently been adopted in every State and the ACT.