by Virginia Bonanni | Apr 11, 2021 | Adjudication, Arbitration, Building, Construction
By Belinda Green. Experts may look to amend their terms of engagement, as the English Court of Appeal finds a conflict of interest clause applied to a global brand, despite involving separate experts in different locations, contracting via separate legal entities....
by Natalia Vila | Apr 9, 2021 | Adjudication, Building, Payment claims
By Catherine Green. Do you use Xero to send out your invoices? Make sure they are compliant payment claims under the Construction Contracts Act 2002 (Act). The default payment regime under the Act is an efficient and effective way of getting your invoices paid....
by Virginia Bonanni | Apr 8, 2021 | Adjudication, Building, Construction
By Melissa Lin and Nashi Ali. Payees intending to recover costs from payers during the course of legal proceedings may want to reconsider issuing a statutory demand in the first instance and seek an adjudicator’s determination instead. Cubo Projects Ltd v S&S...
by Virginia Bonanni | Apr 8, 2021 | Adjudication, Arbitration, Building, Construction
By Maria Cole. The New South Wales Court of Appeal confirms statutory warranties can expand a scope of works, but the bargain that has been agreed to still holds sway. Oikos Constructions Pty Limited v Ostin [2020] NSWCA 358 (Oikos Constructions) In Oikos...
by Catherine Green | Jun 23, 2020 | Adjudication, Building, Construction
Author: Hannah Stanley, Building Disputes Tribunal Registrar As a homeowner, discovering structural defects in your home is the last thing you want and most wonder where to go from there in terms of their rights and how to remedy the situation. The Courts are often a...
by Chanel Turner | Nov 27, 2019 | Adjudication, non-working days, working days
Are you involved in an adjudication which is current over the Christmas period? Just a reminder that the non-working days under the Construction Contracts Act 2002 run from 24 December 2019 to 5 January 2020 inclusive. This means, Monday 23 December 2019 is the last...
by Chanel Turner | Nov 18, 2019 | Adjudication, Construction
Introduction When a dispute over defective building work turns ugly, the owner is sometimes tempted to refuse the builder the opportunity of returning to rectify the defects. There are risks in this course. This update considers a recent NSW Supreme Court decision...
by Chanel Turner | Nov 14, 2019 | Adjudication, Construction
The Housing Grants, Construction and Regeneration Act 1998 (the Act) applies to “construction operations”. Where a contract relates to both “construction operations” and non-construction operations, the question arises of how payment mechanisms apply to construction...
by Catherine Green | Apr 22, 2019 | Adjudication
Under section 25 of the Act, any party to a construction contract is entitled to refer a dispute arising under that construction contract to adjudication except where the parties have agreed to refer disputes between them to arbitration and the arbitration is an...
by Catherine Green | Nov 22, 2018 | Adjudication
What is adjudication? Adjudication is a unique fast track statutory dispute resolution process or resolving building and construction disputes under the Act. It is the most commonly used dispute resolution process for resolving such disputes. Adjudication is quick and...
by Catherine Green | Nov 22, 2018 | Adjudication, Initiating Adjudication
Initiating Adjudication: Back to Basics Part One: The Notice of Adjudication The preparation of the Notice of Adjudication is arguably the most important step in the Adjudication process under the Construction Contracts Act (the Act). It is that document...
by Catherine Green | Nov 21, 2018 | Adjudication, Initiating Adjudication
Initiating Adjudication: Back to Basics Part Two: Service of the Notice of Adjudication You have your Notice of Adjudication prepared, but what steps do you need to take to serve it? This note sets out in brief the requirements for service under the...
