Category: Building and Construction Law

Security of Payment: What constitutes a “method of resolving disputes” and the adjudicator’s role in assessing value

In this recent decision, the Court of Appeal held that a mediation-based dispute resolution clause in a construction contract did not oust the jurisdiction of an adjudicator under Victorian security of payment legislation, and that an adjudicator is not bound by a valuation certified by a superintendent under a contract.

Validity of payment claims solely for work previously performed but not claimed in an earlier payment claim in respect of an earlier reference date under the BCISOP Act

Will a Payment Claim under the BCISOP Act be valid if it:

  1. only claims for work not previously claimed in an earlier payment claim made pursuant to an earlier reference date; and / or,
  2.  does not contain a claim for work performed since the last reference date ?