Many in the construction industry, and their professional advisers, remain unaware of the scheme for compulsory rapid adjudication which has now been adopted throughout Australia outside WA and NT. Many contractors and owners are compelled to pay large claims because they have not availed themselves of the protections afforded by the legislation.
Philip Davenport’s book explains the scheme, and its detail. Completely rewritten in this third edition, it covers NSW, Queensland, Victoria, South Australia, Tasmania and the ACT. It cites many of the hundreds of judgments interpreting security of payment and adjudication – and is frequently critical. It assists
- claimants on how to make claims, prepare adjudication applications and enforce payment
- respondents to defend claims and challenge adjudication determinations; and
- adjudicators with warnings on pitfalls that adjudicators fall into
It also includes references to useful web sites, for example those on which precedents can be downloaded free of charge. In the whole history of construction contracting nothing matches the importance of compulsory rapid adjudication.
Summary Table of Contents
Introduction
An Outline of the Acts
Construction Contracts
Statutory Changes to Contracts
Making a Claim
Payment Schedules
Adjudication Applications
Adjudication Response
Role and Functions of Adjudicators
Gathering Information
The Adjudicator’s Determination
Issue Estoppel
Adjudication Fees
Adjudicator’s Liability
Respondent’s Obligations after Adjudication
Enforcement of Claimant’s Rights
Setting Aside an Adjudicator’s Decision
Concurrent Proceedings
Authorised Nominating Authorities
Review Adjudication in Victoria
Service
Index