Statutory Adjudication

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, Contract Administration, Project Management, Statutory Adjudication

Unveiling the Veil: The Complex Role of Superintendents and QS in Construction Projects

By Dr Samer Skaik

In the intricate dance of construction projects, the roles of superintendents and financier-appointed quantity surveyors (QS) are central yet often enveloped in complexity. These roles are critical in maintaining contractual integrity and financial oversight. However, their independence and impartiality are subjects of ongoing legal scrutiny. This post delves into the delicate balance these professionals must maintain, guided by insights from landmark legal cases.

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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What needs to be fixed in the outdated security of payment Act in Victoria?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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Civil Engineering, Construction Industry, Construction Law, Construction Technology, Contract Administration, General Management, PMP Hints, Procurement Management, Project Management, Statutory Adjudication

Launching My Channel on YouTube

By Dr Samer Skaik

Very recently, I have launched a channel on Youtube. This channel aims to provide integrated, handy and focused educational materials for those interested in developing their competencies in construction project management, professional practice and leadership. My aim is to help raise the bar by providing sound, solid and up-to-date knowledge for students, graduates and professionals in the construction sector. The channel, in addition to the videos, includes other interesting educational playlists. You can display the playlists chronologically if you are keen to develop a robust understanding in the field and advance progressively towards mastering the subject. …

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Construction Law, Contract Administration, Statutory Adjudication

Why should adjudicators refrain from deciding jurisdictional issues? (Part 1)

By Samer Skaik

The intent of the Security of Payment (SOP) legislation in many jurisdictions[1] was set out to help vulnerable class of subcontractors get paid in a timely manner. As such, rapid statutory adjudication was introduced within the legislation whereas adjudication decisions are binding and interim pending any subsequent final resolution of the dispute by arbitration or litigation. However, adjudication decisions can mainly be set aside[2] by way of judicial review on grounds of jurisdictional errors which invalidate adjudication process. Adjudicators are always susceptible to errors when deciding upon jurisdictional issues due to many factors including the complex drafting of the SOP legislation, tight timeframes, complexity of raised arguments, a failure by disputants to raise jurisdictional issues not apparent on the submissions as well as the inappropriate selection of adjudicators where the referred matter requires a particular expertise. …

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Civil Engineering, Construction Industry, Construction Law, Construction Technology, Contract Administration, General Management, PMP Hints, Procurement Management, Project Management, Statutory Adjudication, Sustainability

Launching CMGuide Inaugural Mentoring Programme

We are very delighted to launch the Inaugural Mentoring Programme targeting graduates and early-career professionals in the construction industry.

This is a free service initiated and operated by CMGuide and led by CMGuide Founder (Dr Samer Skaik). The mentoring programme is targeting ambitious graduates and early-career professionals in the construction industry. The programme is only available in Australia. We encourage prospective and interested mentors in Australia who have the experience in any of the mentoring areas to join our ‘Mentors Panel’ ASAP so we can serve and enrol more mentees in the programme. Interested mentors should mention the mentoring area and availability arrangement so we can properly match mentees (protégé) with appropriate mentors. It is completely up to the mentors and mentees once to discuss and agree the mentoring arrangement during the mentoring year such as mentoring duration (not less than 6 months), communication method, frequency of meetings, level of support, etc.  …

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Construction Industry, Construction Law, Contract Administration, Statutory Adjudication

The impact of flawed appointment on the quality of adjudication outcome

By Samer Skaik

Quality of adjudication decisions under the Security of Payment legislation may mean different things to different people. The ultimate yardstick by which adjudication quality can be measured is to be found in the legal accuracy – both in terms of procedural and substantive fairness – of adjudication decisions whether such decisions involve a determination on the merits or dismissal for want of jurisdiction. However, recognising that there is a trade-off between fairness and efficiency in dispute resolution,[1] this criterion needs to be calibrated in the light of the legislative objective, being to provide a rapid dispute resolution procedure in order to expedite cash flow on construction contracts. Thus, it would clearly be absurd to hold adjudication decisions up to as higher level of scrutiny as in arbitration or litigation. …

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Construction Industry, Construction Law, Contract Administration, Project Management, Statutory Adjudication

The Mechanism of the Australian Statutory Adjudication in a Nutshell

By Samer Skaik

Many construction practitioners in Australia face difficulties in understanding the mechanism of the Statutory Adjudication and how it differs from a State to another. While it is important to point out that the Australian Acts are different, there are a number of common mechanisms. Typically, a person entitled to a progress payment for carrying out construction work (or supplying related goods and services) had to seek recovery of any unpaid amounts via lengthy legal proceedings in arbitration or court. As such, parliament enacted the Security of Payment (SoP) legislation to protect the rights of such persons and facilitate rapid recovery of due payment. The SoP legislation provides statutory rights enabling quick and inexpensive recovery of progress payment for any subcontractor or supplier performing construction works or supplying related goods and services. To facilitate these rights, the SoP introduced a rapid adjudication process to resolve payments disputes. …

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