BCIPA

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.

Adjudication Decision 30213
Adjudication Decision 30227
Big Concrete Pours v Gallagher Developments
Casa v Multiplex
Civil Mining and Construction v Gairloch Developments
Delco v Origin

Frankipile v Nortask
McDonald Keen v Ingleton
Morey v Nash
Rob Carr Civil v Tenix Alliance
Hansard

Civil Contractors Federation
Second Reading
Subordinate Legislation 091
The Adjudicator’s Guide