Probuild Constructions (Aust) p/l v Shade Systems p/l [2018] HCA 4 Thirteen judges have proceeded on the basis that Shade Systems’ adjudication determination was wrong at law. Why then have twelve of their Honours required the builder to pay it? Probuild subcontracted Shade Systems for louvres on an apartment development in Chatswood. Systems served Probuild with a […]
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High Court: Blue sky for adjudication, retention looks cloudy
Maxcon Constructions Pty Ltd v Michael Christopher Vadasz (trading as Australasian Piling Company) & Ors [2018] HCA 5 The High Court of Australia has cast doubt over the efficacy of cash retention as a construction subcontract security device. An appeal concerning a security of payment adjudication required the Court to consider whether the subcontract’s retention provisions […]