Disputes Mini Series: The Mistake That Hands the Other Side Your Whole Hand

Episode 149 of The Subcontractors Blueprint sees Jacob Austin tackle crystallisation — the jurisdictional gate every dispute must pass through before it reaches adjudication. Continuing the disputes mini series, Jacob explains why a claim is not a dispute, how the Construction Act lets you refer a dispute only once one actually exists, and why even a watertight claim can be thrown out in its first 48 hours. Drawing on the leading AMEC case, he sets out the three ingredients of a real dispute and the four mistakes that gift contractors an easy jurisdiction challenge. The message: get crystallisation right first time, or pay to teach the other side how to beat you.

KEY TAKEAWAYS

Why a claim sitting in an application isn't a dispute - and the single moment that turns it into one.

How a perfectly valid, fully-owed claim gets knocked out in the first 48 hours, before the merits are ever heard.

The three things every dispute needs before you can refer it, straight from the AMEC case.

The four classic ways subcontractors crystallise too early and hand the other side a jurisdiction challenge on a plate.

Why a contractor's silence and stalling can actually work in your favour - if you document the pattern.

The four questions to run past yourself before you serve any notice of adjudication.

BEST BITS

"A claim is not a dispute."

"That moment when your claim meets their refusal, that is crystallisation."

"No dispute, no jurisdiction, no enforceable decision."