Objectives of the Australian East Coast method for Secutiry of Payment Legislation have mainly been to provide those at the bottom of the hierarchy of contractual chain with a cheap and quick redress, through ensuring payments for the works they have carried out. Over the course of this essay, this model shall be assessed for the objectives it was due to achieve against the commercial realities and legal inconsistencies to argue against and disagree with the statement. The Security of Payment legislation came under the slogan of ridding the construction industry of the unAustralian practice of not paying contractors for the work they had done. The main objective of this legislation was to ensure the contractors; mainly the ones down at chain of hierarchy of contracts receive security for their payments. Targeting mainly the smaller sub-contractors and suppliers, the East Coast legislations attempt to provide for a fair and balanced payment standard for construction contracts. In an attempt to provide quick and cheap resolution of payment the NSW Act for instance provides that upon submission of a Payment Claim the respondent has to provide for the Payment Schedule within 10 business days. Similar position is seen in the Victorian Act under s9 with the same amount of time stipulated. However the Cole Royal Commission found that the payments of sub-contractors were delayed or avoided deliberately. Such a practice is carried out by contractors up in the hierarchy of chain of contracts for a number of reasons including: to pay off tail of other jobs; paying off debts or bank over drafts; purchasing property and investing in collateral development etc. Payments have further been held off from the sub-contractors to reduce claims o... ... middle of paper ... ... industry in recession, the industry is tight. This makes the job for the legislation more difficult than it would have been in a booming industry. However, the law is needed more in such times, flaws within them are better inspected and such should be the times when relief is provided as well. The East Coast legislative Model provides the construction industry at large with a mechanism of swift and cheap payment claims indeed. However, on a deeper analysis the benefit of those enactments has not necessarily reached the desired audience. There are problems with the enforcement of provisions. Commercial pressures often subjugate the protection afforded by the provisions. More importantly, adjudication schemes are more costly than not pursuing a claim taking in account the overall affairs. Therefore, rendering it ineffective in the overall aims it intended to achieve.
The role of law reform has been exceedingly significant and effective in protecting the rights of consumers. The amendments and reforms made to the failure of existing laws have certainly increased the protection for consumers, improving access and awareness, however loopholes still exist that detracts from the overall effectiveness of the legal system in protecting consumers. Therefore, indicating that further reforms are required to improve the effectiveness of the legal system.
...-based, charge-based, and contractual payment systems. (p. 7). CRC Press. Retrieved from http://books.google.com/books?id=sCzhN9HruM0C&dq=fee schedule based payment&source=gbs_navlinks_s
Ron Engineering & Construction Eastern Ltd. v. The Queen in Right of Ontario et al. 24 O.R. (2d) 332,
[5] "Increasing Number of Regulations Challenge Manufacturers." Industry Week. N.p., 24 Oct. 2013. Web. 11 Dec. 2013. .
...efits from adopting unfair business practices and discouraging competition are much higher than the expected penalty and punishment. With changing time, there is need to make these laws more effective and relevant.
Currently, XYZ Construction Inc. receives a majority of their contracts from the state government. The purpose of this essay is to analyze and discuss ethical and social issues, along with cultural diversity when expanding
1 What are the Marine Corps' leadership traits? Judgment, Justice, Decisiveness, Integrity, Discipline, Tact, Initiative, Enthusiasm, Bearing, Unselfishness, Courage, Knowledge, Loyalty, Endurance
Assessing the time and financial impacts of CE’s involves strict time procedures, in which the contractor has to notify, implement and quote. Within the contract, to ensure these impacts are not assessed retrospectively, the contractor only has eight weeks once he becomes aware of a matter that may become a CE, to notify it. Time limits can be extended or shortened on agreement with the contractor and PM. However, if these limits are extended, both parties are entitled to the same time extension (Trebes and Mitchell, 2005).
HILLIARD, J. And O’SULLIVAN, J. (2012) The Law of Contract [Online] 5th Ed. Oxford: Oxford University Press. Available from - http://books.google.co.uk/ [Accessed: 2nd January 2014]
Individual employment contracts are an important wage determiner in Australia which must comply with the Fair Work Act. Common law contract are not included in the formal industrial relations system, however it must comply with the minimum standard of system. These individual contract are add-ons to relevant awards, they cannot offer pay rates and conditions below the rate that would be paid by the equivalent award. However when they offer high rates of pay above $129,300, the award requirements do not apply and the common law contract is able to replace the award. Common law contracts are enforced through law courts rather than industrial tribunals, although this usually creates increased expenses for employees and employers. Using the above diagram, approximately 39% of the workforce use individual employment contracts. Common law contracts, are not included in the formal industrial relations system as these contracts are private and not able to be discussed by others. These contracts offer less protection than other agreement and can lead to possible exploitation of employees due to unfair bargaining positions. However, these individual contracts allow flexibility to suit the varying needs of
..., 2013). As these contractors are risk-averse, they will drop out in the first phase leaving only the most efficient contractors to compete against each other. Furthermore the inclusion of a premium, offers less incentive for collusion as contractors are more inclined to deviate from a cartel to receive a higher payoff. Although theoretically feasible in a controlled environment, in real life there are laws and regulations that protect firms against collusive practices. In the case where the client may suspect collusion is a real possibility, AMSA offers the most effective collusion deterrence. However administratively it may be difficult to implement phase 1, where the price sequentially drops as the tender process takes several months with contractors rarely interacting with each other compared to an auction where the bidders are together and bid in one sitting.
WE can however, accommodate mechanisms which operate as additional or subsidiary processes in the discharge of sovereign responsibility. These enable the court system to devote its precious time and resources to the more solemn task of administering justice in the name of sovereign." Street, The language of alternative dispute resolution' (1992) 66 Australian Law Journal, 1994.
Based on common law and precedent, the English law of contract has been formulated and developed over a number of years with it’s primary purpose to provide a regulated framework within which individuals can contract freely. In order to ensure a contract is enforceable there are certain elements which must be satisfied, one of which is the doctrine of consideration. Lord Denning famously professed; “the doctrine of consideration is too firmly fixed to be overthrown by a side wind” . This is a crucial indication that consideration has long been regarded as the cardinal ‘badge of enforceability’ in the formulation and variation of contracts in English common law.
Service) Act, 1986 says that in every place where building or other construction work is
All these policies and legislation have impacts on the eradication of the gender gap in the UK construction industry in different ways and the combination of policies influence the current status of the gender imbalance issue.