Author: Michael Whitten QC

Security of Payment: What constitutes a “method of resolving disputes” and the adjudicator’s role in assessing value

In this recent decision, the Court of Appeal held that a mediation-based dispute resolution clause in a construction contract did not oust the jurisdiction of an adjudicator under Victorian security of payment legislation, and that an adjudicator is not bound by a valuation certified by a superintendent under a contract.