Publications

Before assuming a DNSP delay makes your BESS practical completion claim premature, you must assess whether the contractual sign-off clause is even enforceable under section 34 of the Building and Construction Industry Security of Payment Act 1999 (NSW). If it is, submitting an adjudication application before network approval can result in a fatal jurisdictional dismissal. Learn how to evaluate the threshold section 34 question, execute a statutory withdrawal under section 17A

If an adjudicator misinterprets your sub-consultant agreement and awards payment for a structural engineer's redesign, can your architectural practice appeal the determination for bias? This article outlines the strict threshold for jurisdictional error under the Building and Construction Industry Security of Payment Act 1999 (NSW) and explains why robust payment schedules remain your best defence.