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Towards diminishing judicial intervention in statutory adjudication: A pragmatic proposal

journal contribution
posted on 03.05.2018, 00:00 authored by Samer SkaikSamer Skaik, J Coggins, A Mills
Statutory adjudication was introduced into the Security of Payment (SOP) legislation as a fast-track payment dispute resolution process aiming to achieve the object of the legislation to facilitate cash flow within the construction contractual chain. As such, adjudication determinations were usually released and enforced on a "pay now, argue later" 1 basis in order to protect a vulnerable class of smaller businesses within the building and construction industry. The SOP legislation was extremely successful in attaining the stated object in the context of small adjudicated payment claims where both parties used to comply with the adjudication determination.

History

Volume

32

Issue

6

Start Page

659

End Page

675

Number of Pages

16

ISSN

0267-2359

Publisher

Sweet and Maxwell

Peer Reviewed

Yes

Open Access

No

External Author Affiliations

Deakin University; University of South Australia

Era Eligible

Yes

Journal

Construction Law Journal