Statutory Adjudication

Construction Industry, Construction Law, Contract Administration, Statutory Adjudication

Towards shaping better criteria of diagnosing complex construction adjudications

By Samer Skaik

Many commentators have suggested that,[1] the “one size fits all” approach taken by the Australian security of payment legislation (save for Queensland) is no longer appropriate (if indeed it ever was) for producing quality outcomes in adjudications of complex payment claims, where larger and more difficult payment disputes are involved. …

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Construction Industry, Construction Law, Contract Administration, Statutory Adjudication

Forthcoming: My four book chapters on Australia within “International Contractual and Statutory Adjudication” Book

By Samer Skaik

I am thrilled that my four peer reviewed book chapters on Australian Statutory Adjudication will be available in9781138239623 the market in Feb 2017 under “International Contractual and Statutory Adjudication” book which is edited by Andrew Burr and being published by Informa Law from Routledge.

This is the breakdown of the chapters:

  1. Australia: the East Coast Model with New South Wales as the Principal Legislation
  2. Australia: the East Coast Model: Victoria, Tasmania, The Australian Capital Territory and South Australia
  3. Australia: the East Coast Model: Queensland
  4. Australia: the West Coast model

Those chapters will be added to the already published three journal papers to form the main chapters of my PhD ‘thesis by publication’. …

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

CMGuide’s Director Highly Commended for Australian Brooking Prize in Construction Law

The Founder and Director of Construction Management Guide, Samer Skaik, was highly commended for his submission ‘Taking Statutory Adjudication to the Next Level: Legislative Review Mechanisms of Erroneous Determinations’  in the 2016 Australian Society of Construction Law Brooking Prize. The paper effectively summarizes the core merits of his PhD research in that area.

The criteria used for awarding commendations include originality of thoughts and contribution to the construction law or its application in the industry as well as the quality of analysis, the freshness of ideas and the value of the work.

A more detailed version of that paper will also appear in the upcoming edition of International Construction Law Review Journal. …

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Construction Law, Statutory Adjudication

Is ‘reference date’ deemed an essential jurisdictional fact for validity of Adjudications?

In Australia, the courts have been inconsistent in their approaches to define jurisdictional facts upon which the jurisdiction of adjudicator can be determined. A very recent example is the case of Lewence Construction Pty Ltd v Southern Han Breakfast Point Pty Ltd [2015] NSWCA 288. …

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Construction Law, Statutory Adjudication

Statutory Adjudication Reform: New discussion papers in ACT, NSW and Queensland

Apparently, the Appetite for further Reform of Security of Payment Laws in major Australian States is evolving. You might be interested to make submissions for the very recent discussion papers in the three States. The NSW and Qld papers have very interesting information on the operation of the SOP regime. Here is the detail:

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

A PROPOSED ROADMAP TO OPTIMISE THE ADJUDICATION OF COMPLEX PAYMENT DISPUTES IN AUSTRALIA

By Samer Skaik, Jeremy Coggins and Anthony Mills

In Australia, statutory construction adjudication has recently received a lot of criticism due to the increasing amount of determinations that have been quashed upon judicial review, and anecdotal evidence from some quarters showing dissatisfaction with the quality of adjudication decisions. Such criticism is particularly aimed at adjudications of large and technically and legally complex payment disputes, where adjudicators are under pressure to consider substantial volumes of submissions in very tight timeframes.

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

INVESTIGATING THE FACTORS INFLUENCING THE QUALITY OF ADJUDICATION OF COMPLEX PAYMENT DISPUTES IN AUSTRALIA

By Samer Skaik, Jeremy Coggins and Anthony Mills

Statutory adjudication has been enacted throughout Australia on a state-by-state basis. The original enacting legislation may be broadly divided into two models which have become known as the East Coast and West Coast models. The East Coast model adjudication scheme – which is operational in NSW, Victoria, Queensland, Tasmania, ACT and South Australia – has in recent times come under much criticism for failing to facilitate determinations of sufficient quality with respect to large and/or complex payment claims. …

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Construction Industry, Construction Law, Contract Administration, Statutory Adjudication

How should adjudicators deal with expert reports in Australia?

By Samer Skaik, Jeremy Coggins, Anthony Mills

Since its introduction in to Australia fifteen years ago, statutory adjudication has become increasingly used by parties seeking to recover payment claims which are large in amount and technically and legally complex in nature. This has inevitably led to the formalisation of the adjudication process with parties often submitting, amongst other documents, expert witness reports to support their arguments. The increase in documentation that an adjudicator must consider poses a threat to the integrity of the adjudicator’s determination. …

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Construction Law, Contract Administration, General Management, Statutory Adjudication

Adjudication is future of dispute resolution

By STUART JORDAN

The future is adjudication. Its benefits are being seen in more regions globally, and governments everywhere are enacting legislation for a mandatory right of adjudication in construction disputes.

Well, not quite everywhere.

In the Gulf region, we have not seen much take up of adjudication as is provided for in standard Fidic (Fédération Internationale des Ingénieurs-Conseils, French for International Federation of Consulting Engineers) contracts nor enactment of the statutory version. …

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Construction Industry, Construction Law, Contract Administration, Statutory Adjudication

Breaking up disputes

Adjudication is a procedure for resolving disputes without resorting to lengthy and expensive court procedure. It has become increasingly popular in construction contracts as a fast and efficient means of resolving disputes.

Adjudication is now a statutory requirement in Malaysia, and Qatar is considering making it mandatory for its World Cup projects. …

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Contract Administration, Statutory Adjudication

Implied Terms And Variations In Construction Contracts – Issues Arising From Recent Case Law

By Becky Johnson

Implied terms in construction contracts (or lack of) and instructions to vary works can cause problems for developers carrying out construction works. These issues were considered in two recent cases: Aspect Contracts (Asbestos) Limited v Higgins Construction Plc and MT Højgaard A/S v E.On Climate and Renewables UK Robin Rigg East Ltd.1

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