Recent Blogs

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 […]

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The Building Products (Safety) Bill 2017 (BPS Bill) potentially impacts participants across the entire construction and property spectrum. Once passed, the BPS Bill will allow the Commissioner for Fair Trading (the Secretary) to ban the use of unsafe building products and enable councils to make related rectification orders for existing and future buildings. What are the impacts? 1.1  […]

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Prior to 2016, the Australian Securities and Investment Commission Act 2001 (ASIC Act) and The Australian Consumer Law (ACL) only offered protection for unfair contract terms to consumers, not small business. This left small businesses vulnerable to unfair terms in standard form contracts where they are often offered contracts on a ‘take it or leave it’ basis and […]

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On 18 September 2017, major reforms to Australia’s insolvency laws were passed making ipso facto clauses unenforceable in certain insolvency procedures.   This article provides an overview of the reasons for the reform, when the laws will take effect, how the new laws should operate and how they will impact the construction industry. The new laws […]

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In breaking news, the Queensland State Parliament has debated and passed the Building Industry Fairness (Security of Payment) Bill 2017 (BIF Bill).  For further information on the BIF Bill, please see our previous Construction Alerts dated 24 August 2017 and 13 October 2017. Amendments The BIF Bill has been passed with 144 amendments.  We briefly discuss the most significant amendments […]

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It is common practice for certificates of practical completion to certify a date of practical completion a short period before the date that the certificate is issued.  In other words, the actual date of practical completion is back-dated in the certificate. In a recent judgment in Abergeldie Contractors Pty Ltd v Fairfield City Council [2017] NSWCA 113, […]

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Introduction The United Kingdom’s Technology and Construction Court’s recent decision in North Midland Building Limited v Cyden Homes Limited [2017] EWHC 2414 addresses a number of pertinent issues in relation to the prevention principle and concurrent delay.   Namely:  that parties can exclude concurrent delay claims by inserting express clauses into their contract; and how the prevention principle […]

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On Friday last week, the Public Works and Utilities Committee, the Queensland State Government’s committee tasked with reviewing the Building Industry Fairness (Security of Payment) Bill 2017 (BIF Bill), has tabled its findings in Parliament.  Click here to read the report in full. In short the committee has recommended the Bill be passed with very few recommendations […]

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In State of South Australia v Goldstein [2016] SASC 202 the Honourable Justice Blue of the Supreme Court of South Australia handed down a decision relating to the validity of various aspects of expert determinations relating to a dispute concerning the construction of the new Royal Adelaide Hospital.  The proceedings were brought by the principal, […]

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Delay and disruption on any project can quickly result in a disaster for any contractor; increasing time related costs and risking liability for liquidated damages to the principal.  This article: Defines Delay and Disruption and terminology often used Outlines issues you should consider in case of a potential claim Outlines how delay and disruption may […]

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