Building Adjudication Victoria Inc, a not-for-profit organisation which is authorised by the
Building Commission,
Victoria,
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
, as a
Nominating Authority under the
Building and Construction Industry Security of Payment Act 2002
The Building and Construction Industry Security of Payment Act 2002 was passed by the Australian State of Victoria to allow for the rapid determination of progress claims under building contracts or sub-contracts and contracts for the supply of go ...
.
Building Adjudication Victoria Inc is authorized by the Building Commission as a Nominating Authority for adjudicators and provides an independent panel of lawyers with experience and expertise in construction law to act as adjudicators in the resolution of disputes under the Building and Construction Industry Security of Payment Act 2002.
Adjudication
Adjudication is a relatively new process introduced by the
Victorian State Government to allow for the rapid determination of progress claims under building contracts or sub-contracts and contracts for the supply of goods or services in the building industry. This process was designed to ensure cash flow to businesses in the building industry, without parties get tied up in lengthy and expensive litigation or arbitration. In addition to quick payment, the scheme also allows for
security of payment Security of Payment refers to any system designed to ensure that contractors and sub-contractors are paid even in case of dispute. This can involve a system of progress payments, interim arbitration decisions, or a system which legally requires a co ...
to be provided in lieu.
Adjudication is much quicker than
litigation
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
in a Court (an adjudicator’s determination must be made within 10 days of receipt of application) and less expensive. An adjudicator’s determination is binding on the parties and can be recovered as a debt owing in a Court.
The
Building and Construction Industry Security of Payment Act 2002
The Building and Construction Industry Security of Payment Act 2002 was passed by the Australian State of Victoria to allow for the rapid determination of progress claims under building contracts or sub-contracts and contracts for the supply of go ...
is currently being reviewed by the State Government for reforms which may widen the scope of the Act within the building industry in Victoria.
References
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External links
Building Adjudication Victoria website
Non-profit organisations based in Victoria (state)
Construction industry of Australia