You Can Run, But You Cannot Hide From an Adjudication

April 2023
Region: Asia Pacific
A recent decision of the Supreme Court of Western Australia on a review of a decision of an adjudicator under the Construction Contracts (Former Provisions) Act 2004 (WA) (the Act) highlights the difficulties faced in an adjudication (and on review) where there is no formal signed contract, discusses the significance of an error by the adjudicator in determining the date of the payment dispute, and demonstrates the dim view a court will take where a party sought to avoid the operation of the Act at the adjudication stage.