Use of the Security of Payment Act in Resolving Disputes in Victoria, Australia

AbstractResearchers in many countries advocated that the security of payment act (SPA) can help expedite resolution of payment-related claims compared with traditional methods such as litigation and arbitration. While the use of SPA was articulated, few researchers have attempted to review how SPA is being implemented by the construction practitioners in real situations. This research study explored the effect of the SPA on resolving construction disputes through both literature and court cases reviews. Court cases in the State of Victoria, Australia, that are related to the use of SPA were identified from the Australasian legal information institute (Austlii) database system. Findings from relevant referred journal articles, industry, and government reports are compared with those recorded in the identified court cases. Four key features that characterize the use of SPA in the State of Victoria are identified: (1) Strengthening the position for adjudication as a fast tracking process, (2) clarifying the ...

[1]  Jeremy Coggins.  From Disparity to Harmonisation of Construction Industry Payment Legislation in Australia: A Proposal for a Dual Process of Adjudication based upon Size of Progress Payment Claim , 2011 .

[2]  M. Crossan,et al.  From Questions to Answers: Reviewing Organizational Learning Research , 2004 .

[3]  Issaka E. Ndekugri,et al.  Insolvency and resolution of construction contract disputes by adjudication in the UK construction industry , 2005 .

[4]  Adam R. Tanielian.  Arbitration Still Best Road to Binding Dispute Resolution , 2013 .

[5]  P. Kennedy.  Evolution of Statutory Adjudication as a Form of Dispute Resolution in the U.K. Construction Industry , 2008 .

[6]  John W. Hinchey,et al.  Perspective from the United States: Tensions between “Getting It Done” and “Getting It Right” , 2008 .

[7]  Paul J. P. Teo.  Adjudication: Singapore Perspective , 2008 .

[8]  T. Uher,et al.  Follow‐up empirical study of the performance of the New South Wales construction industry security of payment legislation , 2010 .

[9]  Robert Gaitskell,et al.  International statutory adjudication: its development and impact , 2007 .

[10]  Thomas E. Uher,et al.  Claimants' view of the performance of adjudication in new South Wales , 2008 .

[11]  N. Gould,et al.  Ten Years on: Review of Adjudication in the United Kingdom , 2008 .

[12]  Doug Jones.  Construction Project Dispute Resolution: Options for Effective Dispute Avoidance and Management , 2006 .

[13]  P. Chan.  Security of Payment Legislation — Case of a Blunt but Practical and Equitable Instrument , 2006 .

[14]  Conor Owens.  Dispute Resolution in the Construction Industry in Ireland: A Move to Adjudication? , 2008 .

[15]  S. Cheung,et al.  Use of alternative dispute resolution in construction: A comparative study , 2010 .

[16]  Christopher Dancaster,et al.  Construction Adjudication in the United Kingdom: Past, Present, and Future , 2008 .

[17]  P. Kennedy,et al.  Progress of Statutory Adjudication as a Means of Resolving Disputes in Construction in the United Kingdom , 2006 .