Dispute Resolution
Registered adjudicator for statutory payment disputes under security of payment legislation across multiple Australian jurisdictions.
Statutory Adjudication
Expert Services International provides adjudication services for payment disputes arising under security of payment legislation. The firm's principal is registered as an adjudicator across multiple Australian jurisdictions and is experienced in the determination of statutory claims under SOPA, BIFA and equivalent legislation.
Security of payment disputes frequently involve complex interactions between contractual entitlements, statutory timeframes, procedural compliance, and the technical merits of the underlying payment claim. An adjudicator with direct construction industry experience is better positioned to navigate these issues and to deliver determinations within the rigid statutory timeframes.
For a comprehensive overview of security of payment adjudication, appointment mechanisms and the statutory framework, refer to our broader security of payment services.
Adjudication Practice
Security of payment adjudication applies to payment disputes arising across the contractual chain in construction and engineering projects.
Adjudication of disputed progress payment claims, including disputes regarding the quantum due, entitlement to claim variations, and the proper application of contractual deductions.
Claims for the valuation of variations and additional works, including disputes regarding the scope of variation, entitlement to claim, and the assessment of quantum.
Disputes concerning entitlement to extensions of time, claims for prolongation costs, and the assessment of delay-related damages and cost impacts.
Adjudication of claims involving asserted set-offs, cross-claims and counterclaims, including assessment of the validity and quantum of such claims.
Adjudication of payment disputes between head contractors and subcontractors, and between subcontractors and their suppliers, under security of payment legislation.
Process
Security of payment legislation imposes rigid statutory timeframes on the adjudication process. Determinations must be delivered within prescribed periods, typically 10 business days of the adjudicator's appointment, with limited scope for extensions. This demanding timeframe requires an adjudicator with the capacity to engage immediately with the issues, to assess the competing positions efficiently, and to deliver a reasoned determination within the statutory period.
Our approach emphasises efficient case management and technical assessment. We engage directly with the substantive issues in dispute, drawing on construction industry expertise to evaluate the merits of the payment claim and any asserted defences. The result is a determination that reflects a realistic assessment of the parties' positions and the statutory entitlements at issue.
Credentials
Our principal is registered as an adjudicator across multiple Australian jurisdictions and holds Fellowships of the RICS, CIArb, CIOB and Resolution Institute, together with qualifications in construction, quantity surveying and management, and a Master of Laws in International Commercial Law. He chairs dispute resolution and expert witness committees and serves as Chairman of the Construction Arbitration Centre (Asia Pacific).
For a full profile, refer to Neil Kirkpatrick — Principal.
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