FIELD DEPLOYMENT SOLUTIONS PTY LTD and SC PROJECTS AUSTRALIA PTY LTD

In the State Administrative Tribunal, Field Deployment Solutions Pty Ltd sought review of a decision of an adjudicator under the Construction Contracts Act 2004 (WA) to dismiss an application for adjudication of a payment dispute claimed to have arisen under that Act. The adjudicator dismissed the adjudication application on the basis that it had not been made within the period permitted by the Act. Although not raised as a ground before the adjudicator, the respondents also contended that the contract concerned was not a 'construction contract'. The Tribunal rejected an argument that the review application was to be restricted to determining whether or not the adjudicator was correct in his finding on the time limitation ground. It concluded that the services provided by the applicant under its contract with the respondents did not satisfy the requirements for a 'construction contract' under the Construction Contracts Act 2004 (WA). The Tribunal found that because the applicant had failed to comply with a contractual requirement for the giving of a 30 day invoice, there was no payment dispute, rendering the adjudication application premature. The decision of the adjudicator to dismiss the adjudication application was affirmed. The review application was dismissed.