BuildLaw, Issue 12: December 2011

Welcome to the December Issue of BuildLaw in which we bring you articles from New Zealand, Australia and the United Kingdom on building and construction law matters.

You can either download and print the complete newsletter or read those articles of interest.

Articles in Issue 12 are as follows
Welcome & 2011 - The Year in Perspective Australia's Biggest Adjudication Determination Declared Void!
John Green reviews some of 2011's more notable moments and welcomes in the new year...

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The recent Supreme Court of Queensland decision of QCLNG Pipeline Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd & Anor [2011] QSC 292 set aside the largest adjudication decision in Queensland, as the Court found that the Adjudicator did not comply with an essential requirement of the Building and Construction Industry Payments Act 2004 (Qld) (BCIP Act) for a valid decision.   

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Recent Cases on Expert Determination Construction Adjudication: Breach of Natural Justice
This article by Scott Alden reports on three recent cases in the New South Wales jurisdiction which have examined aspects of expert determination...

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It is only too easy in a complex case for a party to comb through the adjudicator’s reasons and identify points upon which to present a challenge under the labels “excess of jurisdiction” or “breach of natural justice”. Save in the plainest cases such a challenge is likely to lead to a substantial waste of time and expense...

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Green Light to Adjudicator Shopping and Draft Decisions Costello v MacDonald ... " Merits of the Case v law of the Contract"
"Adjudicator Shopping" and "Draft Decisions" are OK...

Shopping for Adjudicators is never attractive nevertheless adopting such a strategy is permitted

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What’s the law regarding deciding a case on its merit? What are the merits of deciding a case on the law? It’s a debate that may interest judges more than your average builder...
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Argue Now- Pay Later: An Adjudicators Right to Payment "Sykes v Packham ... Estimate or Quotation?"
If an adjudicator renders a decision which is unenforceable because he has made a critical mistake, is the adjudicator entitled to be paid his fees and expenses?  If the adjudicator has already been paid, can the parties (or a party) claim back those fees and expenses? 

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Is a judge qualified to price up a building job?

The County Court judge told the parties that he would adopt a 'rough justice solution' and in dialogue with the parties, there and then, worked out a fair and reasonable price.

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Book Reviews:
The Leaky Building Crisis - Understanding the Issues
Williams and Kawharu on Arbitration
Two new books are presented which may be of interest to our readers.

And information on the FOURTH INTERNATIONAL CONSTRUCTION LAW CONFERENCE to be held in Melbourne Australia from the 6th to the 8th of May this year.

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About Us

With 20 years experience in the avoidance, management, and resolution of building and construction disputes, the Building Disputes Tribunal is recognised and respected as the leading independent, nationwide provider of specialist dispute resolution services to the building and construction industry.

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