Greenwood Futures v DSD Builders

• 1. Building and Construction
  2. › application to quash adjudicator’s determination under Security of Payment Act
  3. › whether first and second payment claims issued were invalid because supporting statement was not included
  4. › weight of first-instance authority indicates invalidity.
• 1. Building and Construction
  2. › where three payment claims issued in the same terms
  3. › whether third payment claim supported by a separate reference date
  4. › prohibition on serving multiple payment claims referable to same reference date
  5. › existence of reference dates to be determined in accordance with the Security of Payment Act
  6. › third payment claim validly supported by reference date.
• 1. Building and Construction
  2. › whether adjudicator failed to discharge his statutory functions in good faith
  3. › where alleged that adjudicator failed to value the construction work
  4. › no requirement for adjudicator to value work as the contract determined the progress payment amounts for each milestone.
• 1. Costs
  2. › where successful defendant caused the present litigation
  3. › where defendant proceeded with disregard for the requirements of the Security of Payment Act to harass the plaintiff
  4. › only reason for not awarding costs against defendant is the compensatory and not punitive function of costs
  5. › each party to bear its own costs.

Quick Take