Lack of knowledge can be costly

Posted April 13, 2016

Russell Welsh ABCDRSIMG_0003[1]

PHOTO: ABC DRS director Russell Welsh.

An expert in dispute resolution and adjudication believes many subcontractors get caught out because they simply lack the knowledge to deal properly with an issue.

Australian Building and Construction Dispute Resolution Service (ABC DRS) director Russell Welsh said many subcontractors who had undertaken training courses simply didn’t realise what they needed to know about the Queensland Government legislation pertaining to the construction industry.

ABC DRS is running a series of intensive training courses which focus on the fundamental issues surrounding the Queensland Building and Construction Industry Payments Act 2004 (BCIPA).

The first of four seminars was held on March 17 in Brisbane with three more planned for April 28, July 21 and on November 3, also in Brisbane.

Three experts in the field - CDI Lawyers principal Stephen Pyman; Holding Redlich partner Troy Lewis and Mr Welsh - will run the remaining three courses.

Their training will focus on four key areas – your obligations in respect to payment claims; payment schedules; adjudication applications and; adjudication responses.

Mr Pyman and Mr Lewis have wide experience in construction litigation while Mr Welsh is a chartered quantity surveyor who has worked in the construction industry in the UK, Saudi Arabia, South Korea and Australia for over 30 years.

Prior to December 15, 2014, ABC DRS was a registered Authorised Nominating Authority in Queensland under the BCIPA and was able to appoint adjudicators to decide adjudication applications.

An amended Act abolished the role of Authorised Nominating Authorities, with adjudicators nominated by the Queensland Adjudication Registrar.

Mr Welsh said the changes to the legislation were significant and many people were not aware of the implications of those changes.

“Often adjudications get challenged in the courts … new decisions in the courts have to be reviewed,” he said.

“Subcontractors don’t protect themselves and are sometimes responsible for their own damage.”

ABC DRS offers the Adjudicate Assist program which walks claimants through timeframes in legislation so their applications are valid.

The service is available at

People interested in attending any of the three remaining seminars should visit for details.

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