Tag Archives: security of payments

Dispute resolution clauses: When the road to a binding determination is paved with non-binding options

The recent case of Contract Control Services v Department of Education and Training [2017] VSC 507 provides further clarification on what constitutes a ‘method of resolving disputes’ for the purpose of satisfying the requirement in section 10A of the Building and Construction Industry Security of Payment Act 2002 (Act). The case makes it clear that it is possible to mandate a process of dispute resolution that includes non-binding steps, so long as it culminates in a binding determination.

Contract Control Services (CCS) entered into a construction contract with the Department of Education and Training (DET) in 2013 for construction works and related goods and services for the construction of the Bendigo Senior Secondary College Theatre Project.

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