Built Environs Pty Ltd v Tali Engineering Pty Ltd & ors [2013] SASC 84

Tali Engineering Pty Ltd lodged with Built Environs Pty Ltd a payment claim under the Building and Construction Industry Security of Payment Act 2009 (SA). Built Environs issued a responding payment schedule assessing the amount due at nil by setting off liquidated damages for delayed substantial completion.

Tali Engineering applied to an authorised nominating authority, Nominator Pty Ltd, to appoint an adjudicator to adjudicate the claim. Nominator appointed Mr Allan. Mr Allan determined that Tali Engineering was entitled to payment of $579,420.90 (plus GST).

Built Environs seeks an order setting aside Mr Allan’s determination as a nullity on six grounds........

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