Construction Law

Construction Law, Security of Payment, Statutory Adjudication

The Evolution of Judicial Review of Adjudication Determinations

By Dr Samer Skaik

The judicial review of adjudication determinations under the Building and Construction Industry Security of Payment Act 1999 (NSW) has evolved significantly over the years, reflecting a shifting legal landscape and its impact on the construction industry. This evolution, shaped by landmark cases and legislative intent, has had far-reaching implications for the adjudication process. …

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Construction Law, Security of Payment, Statutory Adjudication

The Court’s Approach When Intervening in Adjudication

By Dr Samer Skaik

The intersection of adjudication and judicial intervention in construction disputes presents a complex legal landscape, often necessitating the use of injunctions to address specific issues. This post provides an in-depth exploration of the court’s approach when intervening in adjudication, drawing insights from recent legal cases and judicial interpretations. …

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

Navigating the Adjudication Process under the Building and Construction Industry Security of Payment Act 1999 (NSW)

By Dr Samer Skaik

The adjudication process, governed by the Building and Construction Industry Security of Payment Act 1999 (NSW), plays a crucial role in ensuring the speedy resolution of payment disputes within the construction industry. Let’s delve into the intricate details of this process and the key considerations for both claimants and respondents: …

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

How to Approach Security of Payment Claims in Construction Contracts under the New South Wales Model?

By Dr Samer Skaik

In the construction industry, ensuring timely and fair payment for work done is crucial for the smooth functioning of projects. Understanding the statutory right to progress payment and the adjudication mechanism outlined in the Building and Construction Industry Security of Payment Act 1999 (NSW) is essential for construction professionals to effectively manage security of payment claims. Here’s a practical guide on understanding how to approach security of payment claims: …

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Construction Law, Contract Administration

Understanding Entitlement and Preparing Extension of Time and Prolongation Cost Claims

For contractors, understanding entitlement and preparing extension of time and prolongation cost claims are crucial aspects of managing complex contractual arrangements. These processes require attention to detail, thorough documentation, and an understanding of the contractual terms and applicable laws. In this post, we will provide guidance to contractors on how to identify entitlement and effectively prepare extension of time and prolongation cost claims. …

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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. …

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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.

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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.

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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.

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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.

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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.

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