In Iris Broadbeach v Descon Group the Queensland Supreme Court declared an adjudicator’s decision void because the payment claim was invalid “as a result of the identified items not being sufficiently particularised”. The court’s....
A new authorised version of the Victorian Building and Construction Industry Security of Payment Act 2002 (SOP Act) was published on 1 February 2024. This authorised version incorporates an amendment to section 49 of the Act.....
On 12 December 2023, the ACT Legislative Assembly passed the Building and Construction Legislation Amendment Act 2023, which amended several pieces of legislation relating to the construction industry in the ACT. In particular there....
Adjudicate Today receives thousands of enquiries about the security of payment laws annually. Sometimes, questions relate to alternatives available to building industry participants whose construction company is facing insolvency or....
This paper has been prepared by Stuart Wood, a civil engineer with over 45 years experience in the building and construction industry. Stuart is a Senior Adjudicator with Adjudicate Today and is....
The NSW Building and Construction Industry Security of Payment Act has spawned a raft of judgments since it commenced in 1999. The legislation has now been adopted in different....
I was recently appointed by Adjudicate Today to determine a Victorian Security of Payment matter where the payment claim entirely comprised the release of amounts held in retention....
Recent adjudication determinations by Adjudicate Today adjudicators have highlighted different interpretations for calculation of the Due Date for....
The intention of Security of Payment legislation has always been to provide a simple pathway for small contractors to improve cashflow, without the need for legal assistance. However....
This article analyses the decision of Ball J in Kennedy Civil Contracting Pty Ltd (Administrators Appointed) (KCC) v Richard Crookes Construction Pty Ltd (RCC); in the matter of Kennedy Civil Contracting Pty Ltd [2023] NSWSC 99....
This article analyses the decision of Williams J in Karam Group Pty Ltd As Trustee for Karam (No.1) Family Trust v HCA Queensland Pty Ltd & Ors [2022] QSC290. It also includes a section setting out the ramifications for adjudicators.....
This paper examines select key differences between the Building and Construction Industry Security of Payment Act 1999 (NSW) (‘the NSW Act’) and the Building and Construction Industry (Security of Payment) Act 2009 (ACT)....
From 1 March 2021, the NSW Government has extended the Building and Construction Industry Security of Payment Act 1999 (SOP Act) to apply to contracts between....
Covid has forced many of us to redefine how we work. Most have home offices and must deal with complex challenges remotely from our colleagues and resources.....
Highlights and presentations from the March 2021 annual adjudicator seminar by Adjudicate Today....
The NSW Building and Construction Industry Security of Payment Act 1999 (the Act) has from 1 March 2021 been extended to progress claims made to a Principal under an Owner Occupier Construction Contract (OOCC) – previously known as ....
Navigating one’s way through the byzantine Victorian Security of Payment Act 2002 (Vic) and, in particular its excluded amount provisions, has never been easy, but the recent Victorian Supreme Court of Appeal’s decision....
A recent Supreme Court decision has taken the security of payment regime in Victoria another step away from the other states and territories, placing the return of cash retention outside of the ambit of Payment Claims under....
Last week I wrote the article ‘Questions relating to ‘Adjudication of NSW Residential Payment Disputes. The answer to the first question was well received, however the second question generated a great deal of interest and controversy amongst some....
The 1969 psychological film drama ‘They Shoot Horses, Don’t They?’ features the abject misery of desperate dance contestants to win $1,500 during the Great Depression. The title refers to mercy killing of injured horses and the film draws the....
From 1 March 2021, a payment claim may be made under the Building and Construction Industry Security of Payment Act (NSW) 1999 (the Act) by a head contractor or subcontractor to a principal in relation to construction work performed under an....
From 1 March 2021, contractors may apply for adjudication of payment claims under owner occupier construction contracts in NSW.Currently, the Building and Construction Industry Security of Payment Act 1999 (the Act) prescribes as a class of construction contracts to ....
The NSW Building and Construction Industry Security of Payment Regulation 2020 (2020 Regulation) and the CPD Guidelines for Adjudicators (Guidelines) commenced on 1 September 2020. The old 2008 Regulation is repealed. ....
The Western Australia Government has released an exposure draft Bill (the Bill) for a new security of payment regime to cover the State’s building and construction industry. The Bill draws heavily on recommendations to the Commonwealth by the Murray Review in 2017 and the....
Most Australian politicians give support to ensuring that those who perform work in the building and construction industry be paid what they are due promptly. All Australian governments, other than the Commonwealth, have introduced Security of Payment legislation to....
The Western Australian government will shortly release a consultation Bill to replace the Construction Contracts Act (CCA) with legislation based on the east coast Security of Payments model. In these stricken times, the focus of WA Attorney-General, John Quigley, on....
There are big changes afoot in Western Australia as government prepares new security of payment legislation. The announced changes will be modelled on the recommendations of the Murray Review for the Commonwealth Government....
Many participants in the building and construction industry are being faced with drastically reduced or no work and slow or no payment due to the Coronavirus. Adjudicate Today understands the desperate situation and can help....
The Queensland Government has introduced into Parliament the Building Industry Fairness (Security of Payment) And Other Legislation Amendment Bill. The Bill is 265 pages, containing many substantial penalties for breaches. 115 pages are....
This is a brief report on the main differences between the NSW Building and Construction Industry Security of Payment Act (the NSW Act) and the Building and Construction Industry (Security of Payment) Act 2009 (the ACT Act)....
The former adjudication registrar is again pursuing his old, tired agenda. He remains the sole voice supporting the indefensible proposition that the Building Industry Act (BIF) has been an effective tool assisting industry participants avoid insolvency when the Queensland number of adjudication determinations has dropped alarmingly....
Building industry participants have no insurance against losing their assets under an ineffective and dying Building Industry Fairness (BIF) Act (previously known as BCIPA). And while Queensland industry unfortunates face insolvency, there remains one person defending the indefensible proposition that the BIF Act is an effective....
The purpose of this article is to summarise the main changes introduced by Building and Construction Industry Security of Payment Amendment Act 2018 (‘the 2018 Amendment Act’ or ‘2018 amendments’) that alter the existing adjudication procedures. An adjudicator’s view of some of the changes is also offered....
The consolidated NSW Building and Construction Industry Security of Payment Act 1999 is now available for download from the official sites. The Act has been updated with the amendments which commenced on and from 21 October 2019. However, Part 6 of the Act provides that an amendment to the Act does not apply in relation to a construction contract entered into....
Through 2017, many industry participants were extensively involved in preparing submissions to and consulting with the the Murray Review to the Commonwealth Government on Security of Payment laws....
Important amendments to the NSW Building and Construction Industry Security of Payment Act and Regulation commenced on and from 21 October 2019. They apply only to written or oral contracts made on or from 21 October 2019. Some have understood the amendments apply to all adjudication applications made after 21 October, but that is not the case – only adjudication of....
From 2005 to 2014, there was rare consensus in the Australian Building and Construction Industry. Of all the State and Territory Security of Payment Acts, most industry representatives considered the Queensland Building and Construction Industry Payments Act 2004 (BCIPA) to be the most effective at achieving the Objects of the Acts....
Recent articles have highlighted the decline in the number of adjudication decisions in Queensland. Figures quoted come from published statistics of the Queensland Adjudication Registrar. They demonstrate a reduction in numbers from 754 decisions ten years ago to 268 decisions for financial year 2017/18....