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Adjudication in the Building Industry

Adjudication in the Building Industry

3rd edition

By Philip Davenport

CONTENTSREVIEWSSUPPLEMENTS

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.


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

REVIEWS

Reviews of previous editions:
This book aims at providing a clear account of the new statutory adjudication process available to participants in the building industry… this book is recommended as a sound introduction to an important and innnovative scheme.

Law Institute Journal (Victoria), Special Issue, December 2004

The changes made by the 1999 Act affect developers, contractors, subcontractors, related professions, manufacturers and suppliers. .. This book describes how to make claims under the Act, how to defend claims and how to adjudicate disputes. The book contains precedents for notices under the Act and for adjudicators. It shows how adjudication affects litigation, arbitration and expert determination and how to challenge an adjudicator’s decision.

Building Construction Materials & Equipment, July/August 2000

The book is admirably well ordered and easy to read. … [It] is succinctly written in plain English. The author should be commended on the great amounts of helpful information he has managed to include in 165 pages. … It is wholeheartedly recommended to would-be adjudicators, parties to adjudications and their advisors.

Australian Construction Law Bulletin, Vol 12 No 1

An essential reference in the case of a looming building payment dispute and also makes important reading for anyone associated with the NSW building industry.

House and Home, September 2000

Guidance is provided for everyone in the construction chain from the developer to the owner of the local hardware store. It is also intended to assist all those who advise them, including architects, accountants and lawyers.

The Earthmover and Civil Contractor, May 2000


SUPPLEMENTS

Updates

This supplement contains files in PDF Format see below for instructions regarding PDF.

Additional material

This supplement contains files in PDF Format see below for instructions regarding PDF.


PDF FILES

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Published 3 September 2010
Publisher The Federation Press
Paperback/420pp
ISBN 9781862878044
Australian RRP $89.95
Direct Price $85.00
International Price $85.00
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Law - Building & Construction
Law - New Zealand


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