International Construction Law Review
TAKING STATUTORY ADJUDICATION TO THE NEXT LEVEL: A PROPOSAL FOR REVIEW MECHANISM OF ERRONEOUS DETERMINATIONS
BEng, MSc CPM (W/D), MIEAust, PMP, ACIArb
Statutory adjudication was introduced in the security of payment legislation to quickly and fairly resolve payment disputes in the construction industry. One of the interesting features in some legislation is the availability of an express limited right of aggrieved parties to apply for review against erroneous adjudication decisions. In Singapore, the legislation has no equivalent elsewhere in that it provides for a full review mechanism of erroneous determinations considering the fact that adjudicators often have to grapple with complex issues and sheer volume of documents within a very tight timeframe. This paper discusses the various review mechanisms of erroneous adjudication determinations then asks the question as to whether an appropriately devised legislative review mechanism on the merits, should be an essential characteristic of any effective statutory adjudication scheme. The paper concludes by making the case that an appropriately designed review mechanism as proposed in the paper could be the most pragmatic and effective measure to improve the quality of adjudication outcome and increase the disputants’ confidence in statutory adjudication. This paper is based upon a paper by the author which received a High Commendation in the Student Division of the Society of Construction Law Australia Brooking Prize for 2016.
Keywords: ADR, Judicial review, Merits review, Review mechanism, Statutory adjudication.
Statutory adjudication is a fast-track payment dispute resolution process established within the Security of Payment (“SOP”) legislation to resolve payment disputes to keep the cash flowing down the contract chain in
1 Lecturer and PhD Researcher, School of Architecture and Built Environment, Deakin University, Locked Bag 20001, VIC 3220, Geelong, Australia; Founder and Director, Construction Management Guide, Email: firstname.lastname@example.org or email@example.com