A New Regime For Judicial Review of Adjudication Determinations: Brodyn Pty Ltd T/As Time Cost and Quality v Davenport and Anor
Abstract
The resolution of construction disputes, especially those relating to payment, are notoriously time consuming and expensive. These disputes are often founded in, or exacerbated by misunderstandings between the parties as to their respective rights and obligations. There is also often a significant power imbalance between owner and contractor, or contractor and sub contractor. Prior to the introduction of the Construction Contracts Act 2004 (WA), ('WA Act) where there had been a dispute over payment for work done or materials supplied, the person who had done the work or supplied the materials was at a distinct disadvantage. They were faced with the prospect of a lengthy and time consuming task in attempting to obtain payment for work for which they were legitimately entitled. In order to redress these difficulties the Western Australian government passed the Construction Contracts Act 2004 which came into force on the 1st of January 2005. Similar legislation exists in New South Wales, Victoria and Queensland.