Adjudicator's deficient reasoning amounts to failure to exercise jurisdiction under Security of Payment Act

In brief - Supreme Court of NSW overturns adjudication determination in State Water v Civil Team

The recent Supreme Court of NSW decision in State Water Corporation v Civil Team Engineering Pty Ltd [2013] NSWSC 1879 is an important reminder that a court will not uphold an adjudication determination if the reasoning process is so deficient that it amounts to a failure on the part of the adjudicator to exercise the jurisdiction given to him under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act).

Water supplier enters contract with engineering company to construct fishway

On or about March 2010, State Water Corporation entered into a contract with Civil Team Engineering Pty Ltd pursuant to which Civil Team agreed to construct a fishway (ie. a structure facilitating the migration of fish on or around barriers such as dams or weirs). Throughout the course of the contract, Civil Team suffered extensive delays to the works due to