Challenges to the Adjudicator
30 August 2017
Wednesday 30 August, Melbourne
Adjudicators consider applications for adjudication under the Building and Construction Industry Security of Payment Act 2002 (BCISOPA). They begin by confirming they have no conflict of interest before accepting an adjudication. Once the adjudication is accepted and the adjudicator is appointed, the adjudicator can identify any issues that may prevent the matter being progressed to a determination.
Adjudicators may withdraw from adjudications by their own initiative or after considering submissions made by one or both of the parties. If an adjudicator withdraws before the time allowed for the making of a determination elapses, the claimant may be prejudiced in proceeding with the claim.
Join the Victorian Adjudication Special Interest Group for a presentation led by Richard Hapgood on how certain issues may challenge an adjudicator in providing a valid adjudication determination. These include:
- Jurisdictional challenges under the BCISOPA
- Possible denial of natural justice
- Effect of the Domestic Building Contracts Act 1995
- Allegations of bias
- Proper party to the proceeding
- Effect of severance
About Richard Hapgood
Richard Hapgood is a construction lawyer providing legal support to the civil, building and construction industries. He is also an adjudicator with Rialto Adjudications since 2014, having been appointed in 48 adjudications to date.
Richard has over 30 years of consulting, construction and maintenance engineering experience. He practices in the area of building, technical, supply and construction contracts and disputes within all jurisdictions. This includes major building and domestic building contract matters. His clients include homeowners, small to large subcontractors, builders and developers and international solar power clients.
Richard understands both the construction and legal issues associated with most Security of payment adjudications. He has contract negotiation experience for telecommunications and other operations or construction contracts valued at over $600 million. He has managed site construction of a variety of building and civil projects, and facility services for many government instrumentalities. He also has private sector and business management experience including ownership of service delivery and infrastructure companies.