Recent Blogs

Although it has been the subject of some judicial debate, the long-standing position in Australia is that Courts have generally permitted contractors to elect to claim on a quantum meruit basis following a principal’s repudiation of a construction contract (as opposed to a claim for contractual damages).  A claim for quantum meruit is calculated by […]

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Key message Earlier this year, the Supreme Court of Queensland handed down a decision in The Trust Company (Australia) Ltd atf the WH Buranda Trust v Icon Co (Qld) Pty Ltd & Anor [2019] QSC 87, which is a reminder to principals and contractors to ensure that their design and construct contracts do not contain […]

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1. Key message Last week, the Supreme Court of Queensland handed down a decision that reinforces the importance of carefully considering the drafting of contractual terms relating to the provision of bank guarantees as performance security.  It also serves as an important message to builders that expiry dates on bank guarantees will not always successfully […]

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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 […]

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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 […]

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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 […]

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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 […]

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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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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 […]

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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 […]

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