Author name: CMGuide

Construction Law, Security of Payment, Statutory Adjudication

The Evolution of Judicial Review of Adjudication Determinations

By Dr Samer Skaik

The judicial review of adjudication determinations under the Building and Construction Industry Security of Payment Act 1999 (NSW) has evolved significantly over the years, reflecting a shifting legal landscape and its impact on the construction industry. This evolution, shaped by landmark cases and legislative intent, has had far-reaching implications for the adjudication process. …

Construction Law, Security of Payment, Statutory Adjudication

The Court’s Approach When Intervening in Adjudication

By Dr Samer Skaik

The intersection of adjudication and judicial intervention in construction disputes presents a complex legal landscape, often necessitating the use of injunctions to address specific issues. This post provides an in-depth exploration of the court’s approach when intervening in adjudication, drawing insights from recent legal cases and judicial interpretations. …

Security of Payment, Statutory Adjudication

Legal considerations in the operation of security of payment legislation

By Dr Samer Skaik

The Building and Construction Industry Security of Payment (SOP) Act in New South wales is a crucial piece of legislation that impacts the Australian construction industry. This Act holds significant implications for contracting parties, civil proceedings, judicial intervention, and the overall resolution of payment disputes. In this post, we will delve into the key provisions of the SOP Act and the impact it has on various aspects of construction contracts. …

Security of Payment, Statutory Adjudication

Adjudication Determinations and Fees under Security of Payment Legislation

By Dr Samer Skaik

The determination made by an adjudicator holds significant weight in resolving payment disputes within the construction industry. Understanding the legal framework and implications of adjudication determinations is essential for all stakeholders involved in construction projects. …

Security of Payment, Statutory Adjudication

Functions of ANAs and Adjudicators Under Security of Payment Legislation

By Dr Samer Skaik

In the construction industry, the role of Authorised Nominating Authorities (ANAs) and adjudicators is pivotal in ensuring the timely and fair resolution of payment disputes. Let’s explore the key functions and powers of ANAs and adjudicators under the Security of Payment legislation in NSW and other jurisdictions that follow its model. …

Construction Law, Contract Administration, Security of Payment, Statutory Adjudication

Navigating the Adjudication Process under the Building and Construction Industry Security of Payment Act 1999 (NSW)

By Dr Samer Skaik

The adjudication process, governed by the Building and Construction Industry Security of Payment Act 1999 (NSW), plays a crucial role in ensuring the speedy resolution of payment disputes within the construction industry. Let’s delve into the intricate details of this process and the key considerations for both claimants and respondents: …

Construction Law, Contract Administration, Security of Payment, Statutory Adjudication

How to Approach Security of Payment Claims in Construction Contracts under the New South Wales Model?

By Dr Samer Skaik

In the construction industry, ensuring timely and fair payment for work done is crucial for the smooth functioning of projects. Understanding the statutory right to progress payment and the adjudication mechanism outlined in the Building and Construction Industry Security of Payment Act 1999 (NSW) is essential for construction professionals to effectively manage security of payment claims. Here’s a practical guide on understanding how to approach security of payment claims: …

Construction Law, Contract Administration

Understanding Entitlement and Preparing Extension of Time and Prolongation Cost Claims

For contractors, understanding entitlement and preparing extension of time and prolongation cost claims are crucial aspects of managing complex contractual arrangements. These processes require attention to detail, thorough documentation, and an understanding of the contractual terms and applicable laws. In this post, we will provide guidance to contractors on how to identify entitlement and effectively prepare extension of time and prolongation cost claims. …

Contract Administration, Project Management

Dealing with Variations: A Contractor’s Guide to Handling Superintendent Refusals

As a contractor, navigating the complexities of construction contracts is an integral part of your role. One common challenge that contractors often encounter is when the superintendent refuses to grant variations in construction contracts. This can be a frustrating and potentially costly situation, but there are steps and strategies you can employ to effectively handle this scenario.

Construction Law, Contract Administration, Security of Payment, Statutory Adjudication

Understanding the Features of Security of Payment Legislation in Australia and Singapore

By Dr Samer Skaik

In the realm of construction, ensuring timely payments and fair resolution of disputes is crucial for the smooth functioning of projects. Payment disputes, if not managed effectively, can lead to delays, strained relationships, and costly litigation. To address these challenges, jurisdictions like Australia and Singapore have implemented robust security of payment legislation. Let’s delve into the intricacies of this legislation, its features, criticisms, and its role in maintaining financial stability within the construction industry. …

Construction Industry, Contract Administration, Project Management

Navigating Latent Conditions in Construction Contracts: A Practical Guide for Contractors

Construction projects are often complex endeavors with various stakeholders, timelines, and unforeseen challenges. One such challenge that contractors frequently encounter is latent conditions. These hidden or unexpected conditions can significantly impact project timelines, budgets, and overall success if not properly addressed. In this guide, we will delve into what latent conditions are, how they can affect construction projects, and strategies for contractors to effectively manage them during project execution.

Contract Administration, Project Management

How to Deal with Variations in Construction Contracts?

Variations are changes to the scope of work required under a construction contract. They can be requested by either the owner or the contractor, or arise due to unforeseen circumstances, such as government regulations, latent conditions, or design errors. Variations can have significant impacts on the cost, time, and quality of the project, and are a common source of disputes and litigation in the construction industry. Therefore, it is important to understand how to manage variations effectively and avoid potential risks and liabilities. …

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