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ARTICLE · 29 JUNE 2016

Projects Disputes In Australia: Recent Cases

Jones Day
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Below is a snapshot of some recent cases of interest across Australia and the insights they offer the industry.

AustraliaReal Estate and Construction
Steven Fleming
Steven Fleming
Stephen McComish
Stephen McComish
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Below is a snapshot of some recent cases of interest across Australia and the insights they offer the industry.

Queensland: Sierra Property v National Construction Management [2016] QSC 108

An adjudication award under Security of Payment legislation set aside due to inadequate reasons given by an adjudicator

In the Queensland Supreme Court, Sierra Property ("Sierra") successfully overturned an adjudication award obtained by its builder, National Construction Management ("NCM"), on the basis that the adjudicator failed to provide adequate reasons in accordance with s26(3) of the Building and Construction Industry Payments Act 2004 (Qld).

The adjudicator awarded NCM 95 percent of its claims in circumstances where Sierra contended that NCM had not undertaken some of the work for which claims were made. Despite there being distinct disputes as to the extent of work in nine different categories, the adjudicator awarded the 95 percent globally without consideration

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