Recent Blogs

On 31 March the NSW Minister for Planning and Public Spaces, Rob Stokes, ordered that construction could be carried out in NSW on weekends and public holidays within the same times of day as previously permitted during the remainder of the week.  This is to aid the continuation of construction work in accordance with social […]

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Thomson Geer’s Brisbane Construction Team recently acted for the successful party, Galaxy Developments (Developer), in the Supreme Court of Queensland proceeding Galaxy Developments Pty Ltd v Civil Contractors (Aust) Pty Ltd t/a CCA Winslow & Ors [2020] QSC 51. The proceeding was the first in Queensland to deal with the scenario where an adjudicator failed […]

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As the total number of confirmed cases of the Coronavirus disease (‘COVID-19’) continue to grow, it is clear that the pandemic is having a significant impact on the construction industry. In our recent blog COVID-19 and force majeure… are you feeling frustrated yet?, we discussed how the impact of COVID-19 might be managed as a […]

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As COVID-19 continues to spread, the seriousness of this unprecedented pandemic grows.  Businesses that remain operational must be aware of their WHS/OH&S obligations and responsibilities.  Following on from our earlier blog ‘COVID-19 and force majeure… are you feeling frustrated yet’, we seek to address some common queries in light of the evolving COVID-19 crisis.  General […]

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The Coronavirus disease (‘COVID-19’) is causing unprecedented global concern with the World Health Organisation declaring the disease a global pandemic. The effects of COVID-19 are visible for all to see. This blog considers how COVID-19 may be relevant to the law of frustration, force majeure and other relevant relief provisions. Relief for Change of Law […]

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Changes are being made to the way accounts need to be established for Queensland building and construction projects. The changes should be reviewed carefully to avoid exposure to heavy penalties. The Queensland Government introduced a project bank account (PBA) regime with the commencement of the Building Industry Fairness (Security of Payment) Act 2017 (the Act) […]

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What is a project bank account? The Building Industry Fairness (Security of Payment) Act 2017 (Qld) introduced new rules that require head contractors to set up project bank accounts (PBA) for certain projects. The PBA regime is designed to ensure that subcontractors are paid for the work they do. The PBA’s structure and strict rules […]

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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 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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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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