Recent Blogs

On 1 July 2021, the Particulars for Regulated Design Order 2021 came into effect in NSW.  This requires regulated designs for ground anchors to include evidence of a registered easement for the ground anchors.  Previously, developers and contractors have frequently relied on simple contractual licences rather than registered easements for such rights.  They need to […]

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Construction contracts commonly provide that a builder is to rectify defects and include a defects liability period for the benefit of the builder. The consequences of denying the builder the opportunity to rectify defects were evidenced in the recent Supreme Court of South Australia Court of Appeal decision of Bedrock Construction and Development Pty Ltd […]

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New security of payment legislation will affect some practices of principals, contractors and subcontractors that have become market norms in the construction sector. Many market participants will need to change their standard contracts and contract administration processes in response to the new law. The Building and Construction Industry (Security of Payment) Act 2021 (WA) (SOP […]

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In March this year we reported on the Court’s approach to dealing with the situation where there are two potential payment schedules in play under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act). The Queensland Court of Appeal has now overturned this decision of the Supreme Court.  The Court of Appeal’s […]

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In our construction law blog last year, we alerted you to the Design and Building Practitioners Act 2020 (NSW) (‘the DBPA‘), which subjects New South Wales contractors, designers and engineers to a new regulatory framework that introduced the concept of a ‘regulated design’ as well as a retrospective duty of care. When the DBPA was […]

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A recent decision in the Supreme Court of Western Australia has continued the trend of the Courts in applying the generally accepted meaning of ‘due and payable’ contained in construction contracts. Background In the case of Weston v Perkins (WA) Pty Ltd [2021] WASC 84, Mr Maxwell Weston was appointed as Superintendent under a building […]

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Thomson Geer’s Brisbane Construction Team recently acted for the successful party in a Supreme Court of Queensland proceeding which confirmed that a payment claim containing claims under two separate contracts will be void under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act). The decision of Ausipile Pty Ltd v Bothar Boring […]

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A tale of two payment schedules

Legislation & Regulatory Updates

The Supreme Court of Queensland decision in Kangaroo Point Developments MP Property Pty Ltd v RHG Construction Fitout and Maintenance Pty Ltd & Ors [2021] QSC 30 continues the trend of the Court in applying a common-sense approach where parties argue that competing documents amount to a payment schedule for the purposes of the Building […]

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Festive season payment claims

Building and construction contracts

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 the relevant security of payment (SOP) legislation for each State and Territory. Here are our tips to ensure that presents are your only surprise this […]

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Something to lien on: Liens in the time of COVID-19

Liens Security of payment

To assist with counterparty risk in the current climate, liens can work to protect your interests in work supplied before payments are made, by ensuring that property in the goods does not pass until payment is made in full. What is a lien? Broadly speaking, a lien is the right of one party to hold […]

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