Adjudications under the Construction Contracts Act

Lieblich & Associates provided dispute-resolution services in two payment-claim disputes, in accordance with the recently-amended Construction Contracts Act (WA), over the last few weeks.

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The first was an automation-software engineering project on a major WA resources project. The subcontractor was seeking the reimbursement of several hundred-thousand dollars guarantee bond being held by his client. As usual we encouraged the parties to resolve the matter by mutual consent, which they successfully did. Thus the applicant withdrew his claim and we dismissed the the matter without the need to consider the merits. This minimized the costs of the process to the parties and the impact of the dispute on their commercial relationship.

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The second matter concerned a payment claim of several hundred-thousand dollars by a builder against the developer of a multi-residential construction project. The claim includes payments for contracted construction work, several variations of the scope of work, and an innovative finance facility agreed between the parties. We expect to determine the matter, in accordance with the Act, in the coming days.

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