To be able to access the adjudication process under the various
Security of Payment schemes in Australia, claimants are required by
legislation to "identify" the construction works in a
payment claim for which they seek payment.
The word "identify" does not arise frequently in
security of payment legislation, but where it does, claimants
seeking the benefit of statutory adjudication must pay close
attention.
Following Western Australia enacting the highly anticipated
Building and Construction Industry (Security of Payment) Act
2021 (WA), a new standard of "identifying"
construction work in payment claims may cause lawyers on the
Eastern side of Australia to take note.
Under the East Coast model: Identifying work carried
out
