In an Adjudication Application, a Head Contractor invariably seeks to rely upon liquidated damages when responding to a payment claim, by offsetting a liquidated damages claim against an amount claimed by a Subcontractor. Below are some ways that Subcontractors can limit the application of liquidated damages by a Contractor in an Adjudication Application. All standard […]

Here are some tips to prevent common problems arising, resulting in an unsuccessful adjudication application under the Security of Payment Legislation. Ensure that your payment claim is served on and from the reference date. A payment claim served the day before a reference date or where there is no reference date will be invalid and […]

The High Court recently handed down judgment in Maxcon Constructions Pty Ltd -v- Vadasz. Relevantly, the construction contract between the parties provided that the retention sum was to be released upon the issue of a certificate of occupancy under the Development Act 1993 (SA). The High Court held that this provision constituted a “pay when […]

What benefit does the recent decision of the High Court of Australia of Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd have for subcontractors under the Security of Payment Legislation? Our partner Justin Mathews – an accredited specialist in commercial litigation and leader of our building and construction litigation team – explains. The […]