Samer Skaik

Central Queensland University · School of Engineering and Technology

Paying parties often rely upon jurisdictional objections as a delaying tactic, in order to “frustrate” adjudication process, which may undermine the attainment of the legislative intent of the security of payment legislation. Encouraging adjudicators (who are not required to be legally trained) to determine questions relating to their jurisdiction...

Statutory adjudication has been enacted progressively throughout Australia on a state-by-state basis over a period of 10 years. The legislation with more emphasis on the Eastern States has come under much criticism recently for failing to facilitate decisions of suffi cient quality with respect to complex adjudications. This paper reviews this crit...

Statutory adjudication was introduced in the security of payment legislation to quickly and fairly resolve payment disputes in the construction industry. One of the interesting features in some legislation is the availability of an express limited right of aggrieved parties to apply for review against erroneous adjudication decisions. In Singapore,...

Statutory adjudication was introduced into the Security of Payment (SOP) legislation as a fast-track payment dispute resolution process aiming to achieve the object of the legislation to facilitate cash flow within the construction contractual chain. However, there have been numerous judicial review applications with respect to adjudicators’ determ...

In complex high rise projects, employers tend to fast track works where construction can begin while design is still incomplete following three main phases of procurement. Shoring system and piling are firstly procured and awarded to an enabling contractor. Upon completion of enabling works, main design and traditional tendering of the second phase...

Purpose LinkedIn, as a professional networking platform, plays a crucial role in connecting professionals globally and facilitating their professional growth. This study aims to analyse the perceptions of architects and designers regarding the utilisation of LinkedIn for career development. Design/methodology/approach The research focuses on gathe...

There is a soaring demand for work-ready graduates who can quickly adapt to an ever-challenging work environment. Group-based assessments have been widely recommended as a means to develop the skills required for the world of work. However, group-based assessments are perceived as challenging for both students and educators. This systematic literat...

Group-based assessments have been recognized as one of the ways of developing work-ready attributes in project management graduates. This paper is aimed at exploring the best practices for improving the administration process of group-based assessments to make it fit for purpose. The study adopted a systematic literature review and 22 semi-structur...

Construction firms have long been very vulnerable to insolvency risk compared to their counterparts in other industries. The severity of insolvency causes has led to the development of numerous prediction models to implement remedies by forecasting the financial status of the company. The effectiveness of these models is usually criticised with reg...

Highlights the perceived problems associated with the appointment and competence of adjudicators in New South Wales, supposedly remedied by the Building and Construction Industry Security of Payment Amendment Act 2018, the Building and Construction Industry Security of Payment - Authorised Nominating Authorities (Code of Practice) Order 2020, the B...

Projects play a pivotal role in modern enterprises. Functional structures of organisations are being replaced by project-based organisations. Along with the growth in project management, the need for skilled project professionals is mounting for the successful execution of the projects. This reflects the importance of preparing project management g...

Within the Australian construction industry, small subcontractors are highly vulnerable to insolvency risk due to poor payment practices. The Security of Payment legislation was introduced to ensure that those subcontractors are timely paid for the work they do. However, since the enactment of the legislation in Australia, the utilisation rates of...

The skill sets required for the successful completion of projects have changed dramatically in recent years. Employers now expect project practitioners to possess a balanced mixture of soft and technical skills. However, employers are often dissatisfied that project management graduates are not equipped with the right set of skills. The use of grou...

Emotional intelligence (EI) is a critical attribute of successful project management professionals. This paper aims to identify the recent trends in EI research in the context of construction projects to inform future research opportunities. To do so, a systematic literature review (SLR) was conducted to examine the ambit of relevant research in th...

Notes Western Australia's Building and Construction Industry (Security of Payment) Bill 2020, intended to improve subcontractor and supplier protection in the construction industry, and evaluates its adjudication review mechanism (ARM). Discusses the background to the reform, the Bill's provisions governing ARM, and their potential shortcomings, in...

Group-based assessments have long been adopted as a means to develop interpersonal and leadership skills of project management students and reduce marking workload. The authentic design of group-based assessments plays a vital role to embrace cooperative learning and polish student's teamwork abilities. However, the traditional means of crafting gr...

A project schedule is the output of detailed planning that represents specifically how the project will be delivered to achieve the desired outcome. The benefits of project scheduling can be enhanced through training. The current literature suggests that training comes in many different forms, with varying levels of effectiveness and outcomes for p...

There is a mounting literature advocating the need to educate and train project management professionals in order to meet the evolving complexities in projects. It is imperative, therefore, to continually examine the extent to which PM education is effective in equipping students with the requisite knowledge and skills in preparation to enter the P...

The number of complex projects within the Australian mining industry is continually increasing. A great concern within this industry is the disconnection between the diverse groups of project management practitioners (PMPs). Maintenance projects within this industry are of great concern and require PMPs to meet these developing challenges. Emotiona...

Many construction lawyers tend to manage the full lifecycle of large matters intuitively without engaging any methodological approach to address core managerial processes such as scoping, estimation, planning, scheduling, monitoring and reporting. Legal project management does not only provide a framework for these processes but also can increase p...

Several studies concluded that Extension of time ( EOT) claims are among the most disputed issues in the construction industry due to lack, misunderstanding, or wrong application of relevant contract provisions. This paper, via empirical research using a questionnaire survey, evaluates the suitability of the EOT procedure under the new FIDIC 2017 R...

CONTEXT: Students in higher education have diverse motivation levels which are underpinned by various factors. In particular, it is observed that many postgraduate international students, do not have the willingness to engage genuinely in their studies, due to other pressing priorities such as work and settlement in a new country. Unmotivated stud...

The paper discusses South Africa's proposed introduction, under the draft Prompt Payment Regulations, of a statutory adjudication regime to resolve disputes in construction projects. Compares the proposals with adjudication regimes operating in the UK and Australia, and examines guidelines issued by South Africa's Construction Industry Development...

In recent years, courts have been more willing to intervene in adjudication process due to poor quality of adjudication outcome. This situation has encouraged aggrieved parties to challenge adjudication determinations by way of judicial review resulting in numerous judicial review applications. This has eroded the original object of the security of...

Purpose Statutory adjudication was introduced into the security of payment (SOP) legislation as a fast-track payment dispute resolution process with an express object to facilitate cash flow within the construction contractual chain. After more than a decade of the operation of the regime in Australia and Singapore, it becomes apparent that there a...

About the Book A compilation of commentaries on the various jurisdictions where there either is, or is planned, a statutory adjudication system , this is a review of such systems worldwide in the commercial and construction fields. It features analysis by specialist advisory editors on the adjudication system in place in each separate jurisdiction...

About the Book A compilation of commentaries on the various jurisdictions where there either is, or is planned, a statutory adjudication system , this is a review of such systems worldwide in the commercial and construction fields. It features analysis by specialist advisory editors on the adjudication system in place in each separate jurisdiction...

About the Book A compilation of commentaries on the various jurisdictions where there either is, or is planned, a statutory adjudication system , this is a review of such systems worldwide in the commercial and construction fields. It features analysis by specialist advisory editors on the adjudication system in place in each separate jurisdiction...

About the Book A compilation of commentaries on the various jurisdictions where there either is, or is planned, a statutory adjudication system , this is a review of such systems worldwide in the commercial and construction fields. It features analysis by specialist advisory editors on the adjudication system in place in each separate jurisdiction...

Some jurisdictions allow for an express limited right of aggrieved parties to apply for adjudication review as a way to remedy injustice caused by the speedy adjudication process. The aim of this paper is to examine the effectiveness of the existing review mechanisms and identify whether the notion of review mechanisms is a good idea. The paper ado...

Statutory adjudication was introduced into the security of payment legislation as a fast-track payment dispute resolution process aiming to facilitate cash flow within the construction contractual chain. However, in recent years, courts have been more willing to intervene in the adjudication process due to poor quality of adjudication outcome, part...

Timely payment is very crucial to contractors in the UAE construction industry as in all other countries. Contractors always strive to ensure uninterrupted cash flow to stay in business. Therefore, exploring the possible safeguard measures available to contractors to secure timely payment behaviour in the UAE is significant and worth doing. To do s...

In Australia, statutory construction adjudication is a fast payment dispute resolution process designed to keep the cash flowing down the hierarchical contractual chain in construction projects. Its rapid, highly regulatory and temporarily binding nature have led to it being often described as a ‘quick and dirty’ process that delivers ‘rough and re...

In Australia, a supreme court has a supervisory role over the statutory adjudication process that has been established within the security of payment legislation. In this role, the courts have quashed many adjudication determinations on the grounds of jurisdictional error in recent years. This is a problem as the courts' involvement in statutory ad...

Statutory adjudication has been enacted throughout Australia on a state-by-state basis. The original enacting legislation may be broadly divided into two models which have become known as the East Coast and West Coast models. The East Coast model adjudication scheme – which is operational in NSW, Victoria, Queensland, Tasmania, ACT and South Austra...

In Australia, statutory construction adjudication has recently received a lot of criticism due to the increasing amount of determinations that have been quashed upon judicial review, and anecdotal evidence from some quarters showing dissatisfaction with the quality of adjudication decisions. Such criticism is particularly aimed at adjudications of...

Line of Balance (LOB) scheduling technique is a significant technique that plays a vital role in repetitive construction projects. It became more demanding in the construction industry due to the construction of mega repetitive projects e.g. housing schemes, high rise buildings, railways and highways, etc. This paper aims to evaluate the real appli...

Line of Balance (LOB) scheduling technique is a significant technique that plays a vital role in repetitive construction projects. It became more demanding in the construction industry due to the construction of mega repetitive projects e.g. housing schemes, high rise buildings, railways and highways, etc. This paper aims to evaluate the real appli...

Since its introduction in to Australia fifteen years ago, statutory adjudication has become increasingly used by parties seeking to recover payment claims which are large in amount and technically and legally complex in nature. This has inevitably led to the formalisation of the adjudication process with parties often submitting, amongst other docu...

The failure of learning from our mistakes or those of others, has generated unnecessary waste of time and costs, in the construction industry, due to its project based, fragmented and unstable nature. Lessons Learned, as an important way of improving projects performance, is analyzed in this study, with the aim to explore the current practice of Le...

This paper is about assessing the practice of Project-Based Joint Ventures formed between local and international contractors in the UAE construction industry. This common practice nowadays, provides the means for contractors to quickly add resources to enhance project acquisition. Studies indicate that JVs are among the tools that contractors...

Nowadays, construction delay disputes often end up on the arbitration route where the delay experts appointed by the parties advise the tribunal on the extension of times entitlements of the parties. For this purpose, the identification and quantification of concurrent and pacing delays are integral aspects of resolving these disputes using a prope...

Nowadays, construction delay disputes often end up on the arbitration route where the delay experts appointed by the parties advise the tribunal on the extension of times entitlements of the parties. For this purpose, the identification and quantification of concurrent and pacing delays are integral aspects of resolving these disputes using a prope...

Many researchers consider disputes as part of the project lifecycle. Although preventative actions exist, it is not utterly possible to avoid them. Once the disputes arise, an appropriate resolution technique should be adopted. Common perception is referring to a resolution method either internally or via a third party; which may also be binding by...

With the inevitable increase in size and complexity of construction projects, the need for proper control is increasing. Considering the fact that each project strives for excellence, numerous studies have been conducted over the years to measure performance and investigate factors that are really critical towards project success. Earned Value Mana...

Estidama is a mandatory Green Building code in Abu Dhabi by which the compliance of building design is being assessed. This paper examines the current design and assessment approaches for Green Buildings to identify the reasons that lead to delay defects and it investigates a new approach for improvement. The available literature provides a realist...

Subcontracting is a common aspect of procurement strategy in construction. The practice of subcontract nomination has produced many problems to the construction industry in the UAE. Examining the nature of associated challenges and investigating new approaches to improve the nomination practice become more critical and demanding. An initial researc...