The relevant cases provide guidance on the requirements when seeking to enforce set off rights under a construction contract, the need to carefully consider contractual provisions with respect to liquidated damages, the nature of effective dispute resolution clauses, the right to make a payment claim under the NSW Security of Payment Act where work taken out of the hands of the claimant, the difficult nature of having an adjudicator's determination set aside on the basis of denial of procedural fairness and fact that decisions made by the Queensland Building and Construction Commission in relation to the Queensland Home Warranty Scheme are subject to judicial review.

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