The Building and Construction Industry Payments Act 2004 (BCIPA) provides a fast track to resolve payment disputes for those undertaking construction work or supplying related goods and services under a construction contract.
While the parties can pursue their rights in civil proceedings if they are not satisfied with an adjudicator's decision under BCIPA, there are limited rights to review such decisions on an interim basis. However, an adjudiator's decision is subject to judicial review if:
- the decision was made as a result of jurisdictional error;
- these has been a denial of natural justice;
- the decision was given in bad faith;
- the decision was procured by fraud; or
- the decision was one which the adjudicator had no power to make.
On our website, senior associate Michelle Hall outlines the findings in recent Supreme Court cases where a disgruntled party has applied to the Court for a review of an adjudicator's decision.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
