Adjudication in the Building Industry

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.

1.  Introduction   2. An Outline of the Acts   3. Construction Contracts  4.  Statutory Changes to Contracts  5. Making a Claim   6. Payment Schedules  7. Adjudication Applications  8. Adjudication Response  9. Role and Functions of Adjudicators  10. Gathering Information  11. The Adjudicator's Determination  12. Issue Estoppel 13.  Adjudication Fees  14. Adjudicator's Liability  15. Respondent's Obligations after Adjudication  16.  Enforcement of Claimant's Rights   17. Setting Aside an Adjudicator's Decision  18. Concurrent Proceedings  19. Authorised Nominating Authorities  20. Review Adjudication in Victoria  21. Service Index

Philip Davenport has 40 years experience in construction law. He spent 5 years with city law firms, 15 years with the Department of Public Works and Services NSW and the past 20 years as a sole practitioner practicing exclusively in the field of construction law.

Including those listed below, Philip is the author or co-author of 12 books on construction law and is the Chief Adjudicator and a regular course presenter for Adjudicate Today