ANALYSIS OF THE TRENDS IN ADJUDICATION IN NEW SOUTH WALES

The Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act) is a unique form of statutory regulation for the building and construction industry, which gives virtually all industry participants a statutory right to, and a means of recovering, payments for work done under a construction contract. The research aim is to examine current trends in adjudication applications and determinations under the Act. The research reveals: (a) that the adjudication process is encouraging parties to resolve disputes as to payment (b) that there is low level of awareness and understanding of the provisions of the Act, particularly amongst subcontractors; (c) that claimants making small claims experience a high rate of success at adjudication; and (d) that the indirect cost of adjudication is becoming problematic.