I am pleased to share the news that I have recently been appointed as a Grade 1 Adjudicator in Western Australia. Like other states, Adjudication plays a pivotal role in the construction industry, offering a swift and structured mechanism to resolve payment disputes under the Building and Construction Industry Security of Payment Act in Western The post Hamish Mehdinezhad Appointed as a Grade 1 Adjudicator in Western Australia appeared first on HMS Group ..read more

The Security of Payment Act (SOPA) provides a fast and effective mechanism for resolving payment disputes in the construction industry, making it a crucial tool for contractors, subcontractors, and project managers. However, SOPA’s streamlined process can present unique challenges. Missing procedural requirements, misunderstandings about jurisdiction, or attempting to resolve overly complex disputes through adjudication can The post Overcoming Adjudication Challenges: A Guide for Construction Professionals appeared first on HMS Group ..read more

Effective from March 2024, the New South Wales (NSW) Government has introduced a fundamental shift in how development costs are calculated for Development Applications (DAs). The traditional approach, which used terms like “capital investment value,” has been replaced with a more transparent and standardised system known as the Estimated Development Cost (EDC) methodology. This change The post NSW Introduces New Rules for Calculating Development Costs: What You Need to Know appeared first on HMS Group ..read more

Construction projects are complex, often involving numerous stakeholders, contracts, and regulatory requirements. Given this complexity, disputes are inevitable—whether they involve payments, contract terms, or project performance. construction law firms Sydney play a crucial role in advocating for their clients in these disputes, but the technical nature of construction disputes often requires a deeper level of The post How HMS Group Supports Construction Law Firms in Resolving Contract and Payment Disputes appeared first on HMS Group ..read more

Introduction In the intricate world of dispute resolution, arbitration stands out as a powerful and efficient alternative to traditional litigation. Arbitration provides a private, flexible, and often faster route to resolving disputes, whether they arise in commercial transactions, employment relationships, or international trade. This blog will explore what arbitration is, its fundamental principles, and why The post What is Arbitration? An Introduction appeared first on HMS Group ..read more

  What is Quantum Meruit? Quantum meruit is a legal doctrine used to provide a remedy for parties who have provided goods, services, or materials without a formal contract, or beyond the contract terms, but who deserve to be compensated. This claim can be brought when: – No clear contractual agreement is in place. – A contract has been terminated, yet work continues. – Work is performed outside the agreed contractual scope, and the other party accepts this work. Legal Basis for Quantum Meruit Quantum meruit claims are grounded in the principle of unjust enrichment, which holds that one pa ..read more

In a landmark decision that has sent ripples through the Australian construction and legal sectors, Justice Wilson of the Queensland Supreme Court delivered a judgement on 23 February 2024 in the case of Iris Broadbeach Business Pty Ltd v Descon Group Australia Pty Ltd [2024] QSC 16, which has significant implications for the practice of construction adjudication under the Building Industry Fairness (Security of Payment) Act (BIFA). Published on the Queensland Law Society Judgments website a day later, this decision meticulously addresses, among other aspects, the critical issue of the valuati ..read more

In the realm of dispute resolution, arbitration stands as a beacon of flexibility and efficiency, particularly valued in the commercial sector for its ability to provide tailored solutions to complex legal disputes. Central to arbitration’s appeal is the principle of party autonomy—the foundational right of disputing parties to shape many aspects of the arbitration process to their preferences. This principle is not merely a procedural formality; it represents a profound commitment to the freedom of contract and the self-determination of parties in resolving disputes outside the traditional co ..read more

    In the construction industry, the Security of Payment Act (SOPA) serves as a critical legislative framework designed to ensure the swift resolution of payment disputes. Among its provisions, the Act mandates strict deadlines for filing adjudication applications—a requirement that is not merely procedural but fundamental to the efficacy and jurisdiction of the adjudication process. This blog highlights the paramount importance of adhering to these timeframes and the potential repercussions of jurisdictional challenges arising from non-compliance.   Understanding SOPA’s Adjudi ..read more

The Security of Payment Act (SOPA) serves as a crucial legislative framework designed to ensure swift and fair payment practices within the construction industry across various Australian jurisdictions. A fundamental aspect of SOPA is the provision for Payment Claims and Payment Schedules, mechanisms that facilitate the resolution of payment disputes and the protection of cash flow within construction projects. This article delves into the significant consequences that parties face when they fail to respond to a Payment Claim with an appropriate Payment Schedule, underlining the importance of ..read more