HHG Construction Law Series Part 13: Adjudication update

The WA Supreme Court once again offered guidance to adjudicators on the proper way to determine pay disputes under the Construction Contracts Act 2004 ("CCA").

In Cooper & Oxley Builders Pty Ltd v Steensma and Others [2016] WASC 386, the Court reminded adjudicators that:

1. where a construction contract allows principals to set off their own claims for defects or delays against the contractor's payment claims, the adjudicator must take those set-off claims into account in evaluating the contractor's payment claims;
2. in determining payment claims, adjudicators must take into account all relevant evidence as at the date of the determination, and not ignore evidence just because it was raised for the first time after adjudication had been sought; and