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Abela, A, Hoxley, M, McGrath, P and Goodhew, S (2013) A comparative analysis of implementation of the Energy Performance of Buildings Directive in the Mediterranean. International Journal of Law in the Built Environment, 5(03), 222-40.
Adshead, J (2009) An integrated approach to water protection and management: the European Union model. International Journal of Law in the Built Environment, 1(03), 234-43.
Agapiou, A (2015) The factors influencing mediation referral practices and barriers to its adoption: A survey of construction lawyers in England and Wales. International Journal of Law in the Built Environment, 7(03), 231-47.
Andrew, M (2011) Contract interpretation: potential for relaxing the exclusionary rule. International Journal of Law in the Built Environment, 3(03), 205–21.
Besaiso, H, Fenn, P and Emsley, M (2016) Alternative dispute resolution in Palestine: the myth and dilemma of construction mediation. International Journal of Law in the Built Environment, 8(03), 269-86.
Brand, M C and Davenport, P (2012) Adjudication in Australia: An analysis of the amendments introduced by the building and construction industry Security of Payment Amendment Act 2010 (NSW). International Journal of Law in the Built Environment, 4(03), 189-202.
Brodie, M (2010) Building information modelling: the UK legal context. International Journal of Law in the Built Environment, 2(03), 246–59.
Brown, L A (2016) The contaminated land regime and austerity. International Journal of Law in the Built Environment, 8(03), 210-25.
Brown, R (2009) Legal incoherence and the extra-constitutional law of regulatory takings: The Canadian experience. International Journal of Law in the Built Environment, 1(03), 179-93.
Calor, I and Alterman, R (2017) When enforcement fails: Comparative analysis of the legal and planning responses to non-compliant development in two advanced-economy countries. International Journal of Law in the Built Environment, 9(03), 207-39.
Charlson, J, Baldwin, R and Harrison, J (2014) Early perceptions of allowing adjudication of oral contracts. International Journal of Law in the Built Environment, 6(03), 233-49.
Connell, A and Mason, J (2015) Isn’t all loss consequential?: A review of recent case law and its relevance to contractual practices within the built environment. International Journal of Law in the Built Environment, 7(03), 176-94.
Crossley, B J (2015) Inter-organisational relationship trust repair: a ranked Delphi study with UK professionals. International Journal of Law in the Built Environment, 7(03), 195-213.
Davenport, P and Brand, M C (2013) The effectiveness of time bar clauses following the high court in decision in
de Silva, C (2014) Educating the chartered surveyor: looking back to look forward. International Journal of Law in the Built Environment, 6(03), 250-70.
Dixon, M (2013) Title by registration or conquest: Interpreting the Land Registration Act 2002 in England and Wales. International Journal of Law in the Built Environment, 5(03), 194-206.
Ekemode, B G, Adegoke, O J and Aderibigbe, A (2017) Factors influencing land title registration practice in Osun State, Nigeria. International Journal of Law in the Built Environment, 9(03), 240-55.
Fox, J V S (2014) Incentives and limits in letters of intent: are they worth the paper they’re written on?. International Journal of Law in the Built Environment, 6(03), 214-32.
Gibbons, T N (2013) Management agreements in multi-unit housing developments: A case study in regulation and remedies. International Journal of Law in the Built Environment, 5(03), 207-21.
Hetherton, T and Charlson, J (2015) When statutes collide: potential recovery of own party adjudication costs. International Journal of Law in the Built Environment, 7(03), 214-30.
Home, R (2017) Deregulating planning control over Britain’s housing stock. International Journal of Law in the Built Environment, 9(03), 193-206.
Home, R (2012) Forced eviction and planning enforcement: the Dale Farm Gypsies. International Journal of Law in the Built Environment, 4(03), 178-88.
Joanna, P and Mike, H (2010) Use of moral theory to analyse the ethical codes of built environment professional organisations: a case study of the Royal Institution of Chartered Surveyors. International Journal of Law in the Built Environment, 2(03), 260–75.
Jorge, A (2013) The subsidiarity rule: the unjust enrichment doctrine in construction law. International Journal of Law in the Built Environment, 5(03), 253-70.
Leshinsky, R (2016) Touching on transparency in city local law making: Experiences from waking up each day in City of Melbourne, Australia. International Journal of Law in the Built Environment, 8(03), 194-209.
Mamutse, B (2016) Environmental liabilities in insolvency – an area ripe for reform?. International Journal of Law in the Built Environment, 8(03), 243-68.
Mansfield, J (2009) The service of notices by commercial property managers in England and Wales: Lessons for property and legal professionals. International Journal of Law in the Built Environment, 1(03), 244-54.
Mason, J (2009) Ethics in the construction industry: the prospects for a single professional code. International Journal of Law in the Built Environment, 1(03), 194-204.
Michael, C B and Philip, D (2011) Proposal for a “Dual Scheme” model of statutory adjudication for the Australian building and construction industry. International Journal of Law in the Built Environment, 3(03), 252–68.
- Type: Journal Article
- Keywords: Adjudication; Australia; Construction industry; Dual Scheme; Harmonization; Legislation; Security of payment
- ISBN/ISSN: 1756-1450
- URL: https://doi.org/10.1108/17561451111178452
- Abstract:
Purpose – The purpose of this paper is to outline a proposal for a Dual Scheme model of statutory adjudication for the Australian building and construction industry. Design/methodology/approach – The paper deals with the security of payment problem in the Australian construction industry and the legislative response to that problem in New South Wales and elsewhere more generally. The paper highlights deficiencies in current adjudication schemes in Australia and proposes a revised methodology of adjudication by means of the proposed Dual Scheme model. The Dual Scheme is explained in detail and examples are given showing how the Dual Scheme would work in practice. Findings – The Dual Scheme of adjudication allows for adjudication of “progress claims” (just as they are adjudicated now under the “Defined Scheme”), but also provides for separately adjudicated “money claims” in a similar way to that done under the “Non-specific Scheme”. Both parties to a construction contract can take advantage of adjudication under a Non-specific Scheme whilst simultaneously maintaining the relative time and cost benefits of the Defined Scheme in dealing with progress payment claims. Implementation of the proposed Dual Scheme would require new legislation. Originality/value – The Dual Scheme is not a proposal to merely amalgamate two existing models of adjudication in Australia. Rather, it is a Dual Scheme incorporating the philosophy of two disparate systems of adjudication framed in a companionable form. It is hoped that the Dual Scheme may act as a common starting point for eventual agreement between the various interested groups as to what a national scheme of statutory adjudication in Australia will resemble in the future. The Dual Scheme proposal may be of interest in other jurisdictions where statutory adjudication for the construction industry has been introduced or is being contemplated.
Ní Fhloinn, D (2017) Liability in negligence for building defects in Ireland, England and Australia: Where statute speaks, must common law be silent?. International Journal of Law in the Built Environment, 9(03), 178-92.
Palmer, K (2012) Local authority liability in New Zealand for defective homes. International Journal of Law in the Built Environment, 4(03), 203-16.
Philip, B and Julian, B (2011) New homes and consumer rights: England and Australia compared. International Journal of Law in the Built Environment, 3(03), 269–95.
Ploeger, H and Groetelaers, D (2014) Managing multi-owned, mixed-use developments in The Netherlands: The opinion of professional managing agents. International Journal of Law in the Built Environment, 6(03), 271-85.
Raj, S, Hillig, J B, and Hughes, W P (2009) Responsiveness to change by standard-form contract drafters in the construction industry: a case study of the FIDIC White Book. International Journal of Law in the Built Environment, 1(03), 205-20.
Robert, J M (2010) The teaching of law to non-lawyers: an exploration of some curriculum design challenges. International Journal of Law in the Built Environment, 2(03), 232–45.
Ronan, C (2011) A consideration of recovery of prolongation costs in a construction context. International Journal of Law in the Built Environment, 3(03), 237–51.
Sabri, B K M, Ujang, N, Arif, A M M and Aripin, S (2017) Measures in curbing poor compliance to building control regulation among renovated terrace houses. International Journal of Law in the Built Environment, 9(03), 256-71.
Sidoli del Ceno, J (2014) Compulsory mediation: civil justice, human rights and proportionality. International Journal of Law in the Built Environment, 6(03), 286-99.
Silva, C d (2012) Health and safety: teaching law, educating for prevention. International Journal of Law in the Built Environment, 4(03), 233-46.
Susan, B (2010) Carbon reduction and commercial leases in the UK. International Journal of Law in the Built Environment, 2(03), 218–31.
Wayne Edward, L and Thomas Edward, G (2011) Cost benefit analysis approach to global claims. International Journal of Law in the Built Environment, 3(03), 222–36.
Whaley, A, McAdam, B and Crowe, P (2015) The acceleration dilemma: can English law accommodate constructive acceleration?. International Journal of Law in the Built Environment, 7(03), 248-67.
Williams, P (2012) Managing urbanisation and environmental protection in Australian cities: Approaches for integrating biodiversity and urban growth in Sydney. International Journal of Law in the Built Environment, 4(03), 217-32.
Williams, P J and Williams, A M (2016) Sustainability and planning law in Australia: achievements and challenges. International Journal of Law in the Built Environment, 8(03), 226-42.
Xiaojing, Q (2010) The impact of political forces on urban land ownership reform in transitional China. International Journal of Law in the Built Environment, 2(03), 206–17.
Yau, Y (2009) On the proposed private certification of building works in Hong Kong. International Journal of Law in the Built Environment, 1(03), 221-33.