BCIPA Adjudication Services

Making best use of BCIPA adjudication

While the intention of the legislation is that adjudication is only an interim measure there remains limited processes by which disputes may be finally resolved.  Typically, if parties are not able to agree a final resolution, then arbitration or litigation will be required to determine the parties final rights.

Clearly such a course can be costly, therefore it is in the interest of all parties to obtain as thorough an adjudication as is available in the circumstances. To facilitate this, parties should provide as detailed submissions as they are able and the adjudication application should be made to an ANA, such as the Queensland Chapter of the Institute of Arbitrators and Mediators Australia, which provides adjudicators that fully address the parties submissions including providing thorough detailed reasons for their decisions.

The parties best chance of resolving their dispute is to have all of their issues addressed in a thorough manner with clear and logical reasoning provided on each and every point in the determination of the issues.

CLICK HERE FOR YOUR FREE BCIPA FLOWCHART (Best printed at A3 size)

CLICK HERE FOR OUR ADJUDICATION TIMELINE SUMMARY
Text Box: If, in deciding an adjudication application, an adjudicator has decided the value of any construction work carried out under a construction contract or the value of any related goods and services supplied under a construction contract. The adjudicator or another adjudicator must, in any later adjudication application that involves the working out of the value of that work or of those goods and services, give the work, or the goods and services, the same value as that previously decided unless the claimant or respondent satisfies the adjudicator concerned that the value of the work, or the goods and services, has changed since the previous decision. ADRS CAN HELP YOU! Whether Payment Claims, Payment Schedules, Adjudication Applications or Adjudication Responses ADRS’s ADJUDICATORS CAN HELP YOU BEST PRESENT YOUR SUBMISSIONS! GET THEM RIGHT – YOU ONLY HAVE ONE OPPORTUNITY IN THE ADJUDICATION PROCESS! OUR BROCHURE

Section 27 of the Building and Construction Industry Payments Act 2004 (BCIPA) provides:
Text Box: WARREN FISCHER - Reg No. J1055362 David Morey v Nash Glass and Aluminium Pty Ltd Frankipile Australia Pty Ltd v Nortask Pty Ltd Delco Australia Pty Ltd v Origin Energy CSG Limited Rob Carr Pty Ltd v Tenix Alliance Pty Ltd Parsons Brinckerhoff Arup Joint Venture v Thiess John Holland Joint Venture JOHN SAVAGE - Reg No. J1057073 Big Concrete Pours Australia Pty Ltd v Gallagher Development Group Pty Ltd McDonald Keen Group Pty Ltd v Barry Edward Ingleton Casa Engineering (Brisbane) Pty Ltd v Multiplex Constructions Pty Ltd Rob Carr Pty Ltd v Tenix Alliance Pty Ltd JONATHAN SMITH - Reg No. J106610 Civil Mining and Construction Pty Ltd ats Gairloch Developments Pty Ltd

BCIPA Adjudication Decisions are published and available in the public domain.

The following is a sample of some of our Consultant’s Decisions
Text Box:   As well as preparation of, or assistance with, your BCIPA Payment Claims, Payment Schedules, Adjudication Applications and Adjudication Responses we also offer advice and/or services in: ARBITRATION CONCILIATION NEGOTIATION MEDIATION Contract Drafting Contract Administration Superintendent Duties Claim Analysis Training / Workshops Claim Drafting Procurement Strategies Contract Interpretation BCCMA APPLICATIONS BCCMA RESPONSES BCCMA / QCAT ADVOCACY

The Adjudicator's Guide

Adjudication has emerged throughout Australia as an effective process for the resolution of claims in the building and construction industry. In conjunction with award-winning technology provider, Eurofield Information Solutions, authors Warren Fischer, Eric Pratt QC and Karyn Reardon through the Institute of Arbitrators and Mediators Australia have produced a fully searchable and interactive publication, The Adjudicator's Guide, providing updates and analysis of relevant legislation and case law together with guidance and practical tips for those using or administering the adjudication process. An essential tool for adjudicators, parties to adjudications and their advisors.

Table of Contents, Foreword and Introduction

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For further information or confidential advice please contact our office:

 

(:  (07) 3367 2708     F:  (07) 3367 2569     M:  0400 005192

+: PO Box 552  Ashgrove  Q  4060        E:  enquiries@adrs.com.au

 

Thank you for your custom, we look forward to assisting you further.
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