Construction Law

Construction Law, Contract Administration, Security of Payment, Statutory Adjudication

Understanding the Features of Security of Payment Legislation in Australia and Singapore

By Dr Samer Skaik

In the realm of construction, ensuring timely payments and fair resolution of disputes is crucial for the smooth functioning of projects. Payment disputes, if not managed effectively, can lead to delays, strained relationships, and costly litigation. To address these challenges, jurisdictions like Australia and Singapore have implemented robust security of payment legislation. Let’s delve into the intricacies of this legislation, its features, criticisms, and its role in maintaining financial stability within the construction industry. …

Construction Law, Project Management, Security of Payment, Statutory Adjudication

Unravelling Complexity: Towards a More Accessible Adjudication Process for Low-Value Claims

By Dr Samer Skaik and Ali Alkhatatneh

Low-value claims adjudication has become an increasingly intricate process, particularly for small subcontractors and individuals lacking legal expertise. This post delves into key factors influencing complexity in low-value claims adjudication, as outlined in our recent academic article commended in the 2023 Brooking Prize by Society of Construction Law Australia.

Construction Law, Contract Administration, Project Management

Termination of Construction Contracts for Owner’s Convenience: Know Your Rights

By Dr Samer Skaik

In the complex landscape of construction contracts, the termination for the Principal’s convenience is a critical area for contractors to understand. This post aims to illuminate your rights as a Contractor in such situations and guide you through navigating the process both legally and professionally.

Construction Industry, Construction Law, Security of Payment, Statutory Adjudication

How to use the Security of Payment Legislation to recover or reject progress claims

By Dr Samer Skaik

The Building and Construction Industry Security of Payment legislation (SoPA) is a vital legal framework for contractors and subcontractors in the construction industry, particularly for the recovery of progress payments. Understanding and effectively utilizing this legislation can safeguard the financial health of businesses and ensure the smooth progression of construction projects. The purpose of this post is to offer a brief guide on navigating the Security of Payment legislation, highlighting its importance and providing practical steps for contractors and subcontractors to effectively manage and recover progress payments.

Construction Law, Security of Payment, Statutory Adjudication

Reflecting on the Evolution of Security of Payment Laws in Victoria and My Contribution to the Debate

By Dr Samer Skaik

As a committed advocate and researcher in construction law, I have always been passionate about enhancing the efficiency and fairness of the adjudication process within the building and construction industry. Recently, a significant government report has been released, addressing the ongoing challenges and potential reforms in the adjudication process under the Security of Payment Act in Victoria. This report serves as a critical analysis and reflection of the current state and future directions of the security of payment laws in Victoria. Herein, I share my insights and reflections on the report’s findings and the context of my contribution to this important discourse.

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.

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

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.

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.

Construction Law, Project Management

Legal project management: Intuitive or something else?

An interactive oral presentation by Dr Samer Skaik at the 2018 National Conference of Society of Construction Law Australia in Hunter Valley, NSW, Australia. The presentation will make it simple for you to fully understand the concept of project management and how to apply a simple methodology to manage projects in any discpline not only law firms.
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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