Brand, M C and Uher, T E (2004) Adjudication determinations in Australia. In: Khosrowshahi, F (ed.) Proceedings of 20th Annual ARCOM Conference, 1-3 September 2004, Edinburgh, UK.
Abstract
The Building and Construction Industry Security of Payment Act 1999 (the Act) is a unique form of statutory regulation for the building and construction industry. The Act gives virtually all industry participants a statutory right to, and a means of recovering, payments for work done under a construction contract. The research objectives of the research are to assess the level of awareness of the Act amongst industry participants, to determine if the Act has improved security of payment, and to examine emerging trends in adjudication determinations and in decisions from the Supreme Court of New South Wales (NSWSC) in relation to adjudication determinations. The latter two objectives are the main focus of this paper. Data for this research is being collected through questionnaires, from a sample of past adjudication determinations, and recent decisions from the NSWSC. The research demonstrates that: adjudication gives claimants a high chance of obtaining the full or partial amount of a payment claim; and the adjudication process is being frustrated by lawyers seeking an injunctive relief and relief in the nature of 'certiorari'.
| Item Type: | Conference Paper (Paper) |
|---|---|
| Uncontrolled Keywords: | adjudication; contract law; legislation; performance; security of payment |
| Index terms: | legislation, contract law, adjudication, Australia, lawyer, New South Wales, construction contract, questionnaire, regulation, security of payment, construction industry |
| Subjects: | contract law, Geography, warranties, political science, industry analysis, contract type, profession, data collection methods, dispute resolution, legal systems |
| Topics: | Procurement, Governance, Roles and Professions, Research Practice, Geographical Context, Contract Administration, Legal Issues |
| Descriptive scope: | 4 PCTA |
N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here