Recent Blogs

Claimants will lose their right to recover payments if they fail to serve a payment claim in time In Queensland, a recent decision serves as a reminder that claimants will lose their right to recover payments if they fail to serve a payment claim in time, be that calculated in accordance with the terms and […]

Read More

We recently acted for the successful party, SHA Premier Constructions Pty Ltd, in the Queensland Court of Appeal proceeding Niclin Constructions Pty Ltd v SHA Premier Constructions Pty Ltd & Anor [2019] QCA 177. The issue was whether the appellant served its adjudication applications in accordance with section 21(5) of the Building and Construction Industry […]

Read More

A Supreme Court decision reinforces the need for care and precision when entering into a contract, for parties to understand the scope and application of exclusion of liability clauses and to ensure compliance with contractual notice requirements throughout a contract’s duration. Key points to take away One of the key points arising from this decision […]

Read More

A recent Queensland Court of Appeal decision handed down earlier this month reinforces the need for beneficiaries of bank guarantees to strictly follow the procedure for drawing down bank guarantees, otherwise it would be left with nil. Santos Ltd (Santos) was denied the ability to draw down the bank guarantee given to it by BNP […]

Read More

Festive season payment claims

Security of payment

Christmas is just around the corner, and as we approach the end of the year, it is important to remember the timing requirements for payment claims and payment schedules under security of payment legislation in Queensland and its interstate equivalents.  With the introduction of significant changes to security of payment legislation under the Building Industry Fairness […]

Read More

On 21 November 2018 the Building and Construction Industry Security of Payment Amendment Bill 2018 (NSW) (Bill) passed through both Houses of Parliament. The amendments provided for in the Bill are not proposed to apply to existing construction contracts, but once enacted, the key reforms to the Building and Construction Industry Security of Payment Act […]

Read More

The recent passing of the Plumbing and Drainage Bill 2018 (Qld) by the Queensland Government, has provided answers to various questions raised by the industry in relation to the new security of payment regime and the operation of project bank accounts (PBAs) under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIFA). The […]

Read More

The recent Supreme Court of New South Wales decision in Greenwood Futures v DSD Builders [2018] NSWSC 1407 has confirmed that in contracts where payments are made following the completion of construction milestones (as opposed to monthly payments based on progress of the works), the reference date for the purposes of security of payment legislation […]

Read More

As of 1 October 2018, private building owners in Queensland will need to comply with new regulations regarding combustible cladding. The Building and Other Legislation (Cladding) Amendment Regulation 2018 (Qld) amends the Building Regulation 2006 (Qld) (the Regulation), to impose compliance obligations to determine the extent of potentially combustible cladding on existing private buildings and […]

Read More

This month the NSW Government issued its ten point commitment to the construction sector: http://www.infrastructure.nsw.gov.au/media/1649/10-point-commitment-to-the-construction-industry-final-002.pdf The plan has been developed by the Government’s Construction Leadership Group and has been endorsed by key agencies such as Transport for NSW, RMS and Infrastructure NSW. An implementation plan will now be developed to turn the 10 commitments into a […]

Read More