The Christmas closure can be a confusing time for principals and contractors alike in responding to an Adjudication Application made under the relevant Security of Payment legislation. During this time it is vital to understand what constitutes service and when time starts running in the Adjudication process. It is important your staff recognise an Adjudication Application, who to immediately alert …
Removing the magnifying glass from adjudication decisions
The NSW Supreme Court recently warned practitioners, contractors and principals alike, that the decisions of adjudicators under the Building and Construction Industry Security of Payment Act 1999 (NSW)(‘the Act’) must not be scrutinised with a fine-tooth comb, and instead must be taken more on their face value. In a setting where the value of these decisions is commonly in the …
Christmas comes early – what the BIFA shutdown period means for December Payment Claims
Under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIFA), a ‘business day’ does not include a Saturday or Sunday; a public holiday, special holiday or bank holiday in the place which any relevant act is to be done or may be done; or any day occurring between 22 and 24 December, 27 and 31 December, and 2 and 10 January. …
Who’s Really in Charge – the Claim Consultants or the Lawyers?
Large-scale major project litigation typically involves (and requires) the expertise of multiple disciplines to prepare a robust and comprehensive claim or response document. Considered inputs are generally sought from forensic planners, quantity surveyors, technical experts, commercial advisors, and legal. Successful dispute preparation requires the collaboration and expertise of all parties, rather than the complete control by one. On occasion, the lawyers are …
Dropbox – have you been served?
The recent Supreme Court of Queensland case of McCarthy v TKM Builders Pty Ltd [2020] QSC 301 (McCarthy) provides a valuable reminder of the importance of effective service for the purposes of the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIFA), particularly in the technology-focused world that we work in. Ultimately, the Court determined in McCarthy that submissions to an adjudication application provided by way …
The Basics of Force Majeure
The Covid-19 pandemic has become a prevalent example of an unforeseeable, but widespread, event that has impacted many construction contracts across the globe. Many contractors have found during the pandemic that despite the disruptive and often devastating effects experienced due to the pandemic, they are not protected by their Force Majeure contract clauses due to the wording of said clauses …