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M.C. Brand, T.E. Uher
Analysis of the trends of adjudication in New South Wales
P. Davenport
Adjudication in the Building Industry
M.C. Brand, T.E. Uher
The performance of the Security of Payment Act in the Australian construction industry
T.E. Uher, M.C. Brand
The impact of New South Wales security of payment legislation on clients, contractors and subcontractors
T. Uher, M. Brand (2008)
Claimants' view of the performance of adjudication in new South WalesEngineering, Construction and Architectural Management, 15
M.C. Brand, T.E. Uher
An examination of the performance of statutory adjudication in New South Wales after 2000 determinations
T.E. Uher, M.C. Brand
Claimants' view of adjudication in New South Wales
T.R.H. Cole
Final report of the royal commission into the building and construction industry
T. Uher, M. Brand (2007)
A comparative analysis of the operation of ‘compulsory rapid adjudication’ in New South Wales and New ZealandConstruction Management and Economics, 25
T. Uher, M. Brand (2005)
Analysis of adjudication determinations made under security of payment legislation in New South WalesInternational Journal of Project Management, 23
NSW Government
NSW Government green paper: security of payment for subcontractors, consultants and suppliers in the New South Wales construction industry' 51
Commonwealth of Australia
Royal commission into the building and construction industry: security of payment in the building and construction industry
M. Iemma
Building and Construction Industry Security of Payment Bill (No. 2)
T.E. Uher, M.C. Brand
The evolution of adjudication law in the construction industry in New South Wales
T.E. Uher, M.C. Brand
The first five years of adjudication in New South Wales
M.C. Brand
Security of payment in NSW: the fear of victimisation – myth or reality?
M.C. Brand, T.E. Uher
Adjudication determinations in Australia
J. Nunnaly
Psychometric Theory
Purpose – The purpose of this paper is to report on findings of follow‐up research into the performance of the Building and Construction Industry Security of Payment Act 1999 (NSW), which was undertaken in 2007. The research aims to re‐assess the performance of the Act in the light of strong demand for adjudication of construction payment claims in New South Wales. Design/methodology/approach – A cross‐sectional survey of member firms of The Master Plumbers & Mechanical Contractors Association of NSW and the National Electrical & Communications Association (NSW Chapter) was undertaken using a comprehensive multiple‐choice questionnaire administered by post. The questionnaire comprised 23 questions, whereby all but one question was of a multiple‐choice type. In answering the questions, the sampled claimants were required to draw on their understanding of the Act, and their experience with the adjudication process. Results were compared with a pilot study undertaken by the authors in 2004. Findings – The results indicate that the object of the Act is generally being achieved. Whilst the culture of making late payments remains well entrenched in the construction industry, there appears to be a modest downward trend in the frequency of late payments since the 2004 study. It is now reasonably certain that the act of endorsing payment claims encourages communication between the parties, thus providing an opportunity for early dispute avoidance or resolution. However, the level of knowledge of the Act amongst subcontracting organisations overall has not improved since 2004 study, and may have even declined. It is clear that contractors and subcontractors are not taking full advantage of the Act. Originality/value – The paper provides evidence of the performance of the Building and Construction Industry Security of Payment Act 1999 (NSW) between 2004 and 2007. The research compares key performance indicators for the purpose of determining whether or not the Act produces the expected result of increasing security of payment, and whether the results are consistent with the reason for the Act. It also provides important insights into the operation of similar legislation in other jurisdictions.
International Journal of Law in the Built Environment – Emerald Publishing
Published: Apr 20, 2010
Keywords: Payments; Laws and legislation; Construction industry; Australia
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