Abstract

Recommendations arising from security of payment reviews are primarily based upon submissions from industry stakeholders and professional organisations. The experience of the authors in the Report of the Operation and Effectiveness of the Construction Contracts Act 2004 (WA) (the CCA),3 was that a number of submissions were emotive, conjectural and unsupported by evidence. The focus on the research reported in this article was to consider the statistical data relative to the operation of the CCA from the information provided in the annual reports of the Building Commissioner from the commencement of the CCA in 2005 until the latest report in 2018. This article commences with a discussion of the objectives and provisions of the CCA and then provides statistical data on the application of the CCA since its commencement in 2005 with the aim of identifying issues which will be relevant to any future amendments to the CCA or proposals relating to harmonisation of security of payment legislation. These issues include the number and quantum of claims, locations of disputes, categories of applicants and respondents, numbers and backgrounds of adjudicators and tribunal reviews of adjudication determinations.

Keywords

Construction Contracts Act 2004 (WA), objectives and provisions, application, statistical data, identification of issues

Comments

Reproduced with permission from Resolution Institute.

For personal use only. No other uses permitted without the publisher’s written permission.

This article first published in The Arbitrator and Mediator March 2020. Online: https://www.resolution.institute/resources/journal

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