Adjudication & Security of Payment Lawyers
Our Adjudication and Security of Payment team have an extensive understanding of the intricate legal landscape governing construction and infrastructure projects, and work collaboratively with our clients to navigate the complexities of the adjudication process with precision and proficiency.
Our Adjudication & Security of Payment team is headed by Craig Tanzer, a registered adjudicator, who has a wealth of experience acting for principals, head contractors, subcontractors, suppliers and consultants in adjudication matters and the provision of advice on the application of security of payment legislation throughout Australia.
Our expertise
- Providing advice in relation to the content of payment claims and schedules.
- Preparing adjudication applications and responses.
- Enforcing adjudicator’s decisions through Supreme Court Litigation.
- Appealing adjudicator’s decisions in the Supreme Court and Court of Appeal for judicial review.
- Drafting and negotiating settlement deeds.
- Providing advice on the inclusion of security of payment terms in contract suites and drafting those terms
- assisting with settlement applications and responses.
Project Highlights
Adjudication Response - Multimillion Dollar Coal Shipping Terminal Adjudication
Craig Tanzer acted for a conglomerate of the biggest coal companies in Australia in a multimillion-dollar dispute concerning the construction of a coal shipping terminal. The adjudicator decided in favour of our client, who was required to pay $0 to the claimant.
Adjudication Application - Mining Supply System Adjudication
Craig Tanzer and team acted for a private company in a security of payment dispute regarding variations claimed as part of the installation of a lubricant supply system at a mining site in Western Australia. We made an adjudication application under the Construction Contracts Act 2004 (WA) and achieved a positive result of over $700,000 (including adjudicator’s fees and interest) paid to our client in circumstances where the respondent alleged a significant set off which we succeeded in arguing against.
Adjudication Response - Taringa Property Group Pty Ltd Dispute with Kenik Pty Ltd
We act as legal advisers to Taringa Property Group (TPG) in relation to a payment dispute regarding the construction of a supermarket. We advised TPG in relation to a multitude of variation claims made by Kenik Pty Ltd (Kenik), and prepared an adjudication response. After an adjudication decision was given in favour of Kenik, we applied for the decision to be set aside for jurisdictional error and in the alternative, for the enforcement of the adjudicator’s decision to be stayed pending the outcome of our client’s substantive claim proceeding against Kenik, on the basis that enforcement would effectively convert an interim decision into a final decision due to Kenik’s perilous financial position. The adjudication decision was not set aside, but we were successful in obtaining the stay of the enforcement of the decision. The decision to grant the stay is currently under appeal.
Adjudication Application - Bridge Project Dispute
Craig Tanzer and team acted for an engineering company in respect of an adjudication application in New South Wales concerning variation claims in relation to design works on a bridge project. The result of the adjudication process was that our client recovered the majority of its amount claimed and subsequently settled other outstanding disputes on the project, being a set off claim by the other party.
