Tag Archives: adjudicate today

CPD – ENTITLEMENT – Part 4 The Building and Construction Industry Payment’s Act 2004 (The Payments Act), No. 5 – Duplicate Contracts and Defects

Duplicate Contracts When the documents aren’t up to a lump sum price contractors often sign a cost-plus contract for the work plus a lump sum contract for the Bank to help the client with its funding.  It can be a … Continue reading

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CPD CPD Security of Payment 2012/5 – ENTITLEMENT –No. 2 – What’s in a Payment Claim?

ENTITLEMENT – Part 4 The Building and Construction Industry Payment’s Act 2004 (The Payments Act), No. 2 – What’s in a Payment Claim? Quick Facts: Business Failures – 400 Queensland businesses went into legal protection in July and August.  Was … Continue reading

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Alternative payment policy – Go to jail; Do not pass GO !!

A British family sitting down to breakfast at home were horrified to find vengeful builders had scaled their roof to tear it down. James and Julia Arthur and their two young children watched helplessly as the man who had built … Continue reading

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Payment Policy – Restrictions on bankruptcy petitions

The Federal Government’s plan to increase the minimum debt at which creditors can petition for bankruptcy fails to acknowledge many debtors can repay their debts and many creditors have fair and legitimate claims. Australia’s largest privately owned debt collection agency … Continue reading

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Can part of an invalid adjudication decision be removed by the Court?

The Supreme Court of Queensland was recently asked to decide if an invalid part of an adjudication decision could be separated from the rest of the decision, thereby allowing the rest of the decision to stand. The answer was No.  … Continue reading

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Mandatory obligations to take genuine steps to resolve disputes before commencing proceedings

Yet another reason to use Security of Payment Acts properly as our business-as-usual process: The Commonwealth Parliament recently enacted legislation to ensure that, as far as possible, people take genuine steps to resolve disputes before certain civil proceedings are instituted … Continue reading

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New tactics and new laws highlight the benefits of using Security of Payment

New tactics It has come to light that some respondents are using security of payment acts as a tactic to gain time and to put claimants to added expense to collect their overdue accounts.  There is an alarming increase in … Continue reading

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