Security of Payment

Contract Administration, Security of Payment, Statutory Adjudication

Beyond Contractual Barriers: Maximizing SOP Act Protections for Progress Payments

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.

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Construction Law, Security of Payment, Statutory Adjudication

Reflecting on the Evolution of Security of Payment Laws in Victoria and My Contribution to the Debate

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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Security of Payment, Statutory Adjudication

Upholding Standards: The Crucial Role of CPD in Adjudication Competency

By Dr Samer Skaik

Introduction

In the dynamic world of building and construction, the adjudication process stands as a swift and decisive means to resolve payment disputes. However, as this mechanism grows in prominence and utility within Australia’s Security of Payment (SOP) legislation, the competency and decision-making quality of adjudicators have come under increasing scrutiny. Recognizing the pivotal role of these professionals, Queensland has taken a proactive step by mandating Continuing Professional Development (CPD) requirements. This blog post delves into the implications of these requirements and their role in enhancing the adjudication process.

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Construction Law, Security of Payment, Statutory Adjudication

2024 forecast: Significant changes to the Victorian security of payment regime

By Lachlan Ingram and Madeline Kelly

The Victorian Government’s Environment and Planning Standing Committee (Committee) has made significant recommendations to amend the Building and Construction Industry Security of Payment Act 2002 (Vic) (SOP Act) following its inquiry into non-payment of subcontractors. 

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Construction Law, Security of Payment, Statutory Adjudication

What needs to be fixed in the outdated security of payment Act in Victoria?

By Dr Samer Skaik

This submission responds to a call for stakeholder consultation regarding the Inquiry into employers and contractors who refuse to pay their subcontractors for completed works in Victoria, Australia. The author, an experienced academic and claims consultant specialising in security of payment laws, proposes reforms to the Victorian security of payment legislation.

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Construction Law, Security of Payment, Statutory Adjudication

WA introducing adjudication review mechanism in its new security of payment laws

By Dr Samer Skaik

Recently, the WA Parliament finally enacted new security of payment laws adopting many recommendations of Murray and Fiocco reports. The new WA Act introduced, among other things, the adjudication review mechanism which I have been advocating for in my research for years. I am extremely delighted that my research has finally achieved such a significant impact whereas WA became the first Australian jurisdiction to make such a brave move.https://www.linkedin.com/embeds/publishingEmbed.html?articleId=8263858878640518625

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

Turnbull Government is considering the findings of my PhD

By Dr Samer Skaik

A few days ago, the Turnbull Government released the final report of the Review of Security of Payment Laws, undertaken by Mr John Murray. Murray’s report made 86 recommendations to improve consistency in the security of payment legislation. In the relevant Media Release, the Minister stated that:

the Government will consult with industry to consider the report’s recommendations and explore ways to improve the protections for individuals and businesses involved in subcontracting in the construction industry.

The report provided eight recommendations (43-50) pertaining the introduction of review mechanism in statutory adjudication based on my written submission in this regard. The written submission was merely a presentation of the findings of my PhD entitled “Introducing review mechanism into statutory construction adjudication.” I cite the relevant paragraph from the final report which cites my rationale of introducing this concept: …

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