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Out of the Frying Pan, Into the Fire – Does Section 17(3) Really Resolve the Status of Claims for Damage, Loss or Expense in Adjudication Proceedings?

Lavan Vickneson

[2026] SAL Prac 1

Abstract:
This article explores the ambiguities in the wording, scope and exceptions in s 17(3) of the Building and Construction Industry Security of Payment Act 2004, which enterprising employers and contractors can take advantage of to raise claims for damage, loss or expense in adjudication proceedings.