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CPD 2 November 2021 – 17:15 Brisbane Time
CPD 2 November 2021 The eighth in our 2021/2022 series of one hour CPD Events for Adjudicators will be held on 2 November 2021 commencing at 5:15pm sharp (Brisbane time). This session is for Adjudicator’s Questions on Notice. This session is aimed at addressing whatever it is you would like to raise. Do not register here if you have submitted a Question on Notice before 12 October 2021. Those who have submitted a question on notice before 12 October 2021 will be registered by us, free of charge. Registrations for this event will close at Noon on Tuesday 2 November 2021.
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How can Claimant’s avoid the decision in Acciona Infrastructure Australia Pty Ltd v Holcim (Australia) Pty Ltd [2020] NSWSC 1330 where the Court determined that a payment claim made with respect to multiple construction contracts was invalid, and that the adjudicator’s decision which determined that claim was void.
The circumstances were:
• Acciona was the design and construct contractor for the Sydney Light Rail and Holcim was a supplier of ready mixed concrete for the project.
• In 2016 the parties entered into a Goods Supply Agreement for the supply and delivery of concrete by Holcim to Acciona. The Agreement was that wanted concrete it would issue a purchase order
• Under the agreement, Acciona issued some 12,500 purchase orders and Holcim made approximately 26 payment claims on Acciona.
• A payment dispute went to adjudication where the adjudicator decided an amount of $2,95M in Holcim’s favour.