Construction and Engineering
The Pitfalls of Poorly Managed Adjudication Applications under the SOP Act
The phrase “punctilious compliance” aptly sums up the approach required by applicants and respondents in dealing with adjudication applications under the Building and Construction Industry Security of Payment Act 1999 (NSW) ("SOP Act"), as noted in the judgment of...
The Horse has Bolted – Injunctive Relief Denied after Disputed Payment is Made
It is a well a known principle that a respondent to an adjudication determination made under the Building and Construction Industry Security of Payment Act 1999 (NSW) ("SOP Act") who claims that the determination is infected by a "reviewable error" may obtain...
The Existence of a Reference Date is a Precondition to a Valid Payment Claim under the SOP Act – The High Court has the Final Word
The Building and Construction Industry Security of Payment Act 1999 (NSW) ("SOP Act") provides a fast track procedure for construction contractors and suppliers to be paid progress payments provided that certain preconditions are satisfied. It was generally accepted...
NSW Court of Appeal Shuts Down Scope for Interference with Determinations Made under the SOP Act
The prevailing view, up until the Supreme Court decision of Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2016] NSWSC 770, was that judicial review of adjudication determinations under the Building and Construction Security of Payment Act 1999 (NSW)...
The Rough and Ready System of Justice under the SOP Act Still Requires Adjudicators to Perform the Minimum Statutory Tasks
An adjudicator appointed under the provisions of the Building and Construction Industry Security of Payment Act 1999 (NSW) ("SOP Act") is required to determine, as a minimum, whether the construction work identified in the payment claim has been carried out, and the...
Adjudicator Entitled to Fees Despite No Jurisdiction – Court Unimpressed with Challenge
Adjudication applications under Building and Construction Industry Security of Payment Act 1999 (NSW) ("the Act") are typically fast and furious affairs, with the results eagerly awaited by both parties. In the usual way, the authorised nominating authority will...
