Recent Blogs

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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Earlier this year we reported on the upcoming amendments to the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act) that are set to change the construction industry.  COVID-19 caused the Queensland Government to postpone the commencement of the amendments, but it appears the wait is over. On 27 August 2020, the government confirmed the dates from which these […]

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In their national CPD seminar, ‘Collaborative Contracting A Risk Worth Sharing?’, Adam Spitz and Jeremy Thom compared the collaborative contracting model to the more traditional adversarial contracting model, discussing some of the benefits that could be unlocked using the collaborative model, such as fast-tracking infrastructure projects and reducing the occurrence of insolvency. In traditional forms […]

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In March 2020, we reported on the upcoming amendments to Queensland’s Project Trusts Account regime scheduled to roll out in four phases in accordance with the Building Industry Fairness (Security of Payment) and other Legislation Amendment Bill 2020 (Qld) (BIFA Amendment Bill). In light of the situation arising from COVID-19 posing challenges to the construction […]

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The NSW Government has passed new laws to address issues of non-compliance and serious defects identified in residential apartment buildings in a bid to boost community confidence in the construction industry. The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (RAB Act) provides the Department of Customer Service with powers to direct rectification […]

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