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: …
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: …
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. …
Understanding Entitlement and Preparing Extension of Time and Prolongation Cost ClaimsRead More »
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.
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Dealing with Variations: A Contractor’s Guide to Handling Superintendent RefusalsRead More »
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. …
Understanding the Features of Security of Payment Legislation in Australia and SingaporeRead More »
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.
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Navigating Latent Conditions in Construction Contracts: A Practical Guide for ContractorsRead More »
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. …
How to Deal with Variations in Construction Contracts?Read More »
By Dr Samer Skaik and Ali Alkhatatneh
Low-value claims adjudication has become an increasingly intricate process, particularly for small subcontractors and individuals lacking legal expertise. This post delves into key factors influencing complexity in low-value claims adjudication, as outlined in our recent academic article commended in the 2023 Brooking Prize by Society of Construction Law Australia.
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By Dr Samer Skaik
In the complex landscape of construction contracts, the termination for the Principal’s convenience is a critical area for contractors to understand. This post aims to illuminate your rights as a Contractor in such situations and guide you through navigating the process both legally and professionally.
…Termination of Construction Contracts for Owner’s Convenience: Know Your RightsRead More »
By Dr Samer Skaik
The Building and Construction Industry Security of Payment legislation (SoPA) is a vital legal framework for contractors and subcontractors in the construction industry, particularly for the recovery of progress payments. Understanding and effectively utilizing this legislation can safeguard the financial health of businesses and ensure the smooth progression of construction projects. The purpose of this post is to offer a brief guide on navigating the Security of Payment legislation, highlighting its importance and providing practical steps for contractors and subcontractors to effectively manage and recover progress payments.
…How to use the Security of Payment Legislation to recover or reject progress claimsRead More »
By Dr Samer Skaik
The Security of Payment (SOP) Act stands as a crucial piece of legislation designed to facilitate timely progress payments in the construction industry. However, complexities arise when contractual preconditions conflict with the objectives of the SOP Act. In this post, we discuss legal issues surrounding the invalidation of such preconditions, drawing insights from various authorities. We will also explore how the SOP Act (Vic) interacts with and potentially supersedes other statutory requirements imposed by the Domestic Building Contracts Act 1995.
Beyond Contractual Barriers: Maximizing SOP Act Protections for Progress PaymentsRead More »
By Dr Samer Skaik
As a committed advocate and researcher in construction law, I have always been passionate about enhancing the efficiency and fairness of the adjudication process within the building and construction industry. Recently, a significant government report has been released, addressing the ongoing challenges and potential reforms in the adjudication process under the Security of Payment Act in Victoria. This report serves as a critical analysis and reflection of the current state and future directions of the security of payment laws in Victoria. Herein, I share my insights and reflections on the report’s findings and the context of my contribution to this important discourse.
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