Building and construction contracts

New South Wales contractors, designers and engineers are to be subject to a new regulatory framework and an extended duty of care to building owners with retrospective effect. On 11 June 2020 the Design and Building Practitioners Act 2020 (NSW) (‘the Act’) commenced, with certain provisions commencing from this day, including the extended duty of […]

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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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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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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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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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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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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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This month the NSW Government issued its ten point commitment to the construction sector: http://www.infrastructure.nsw.gov.au/media/1649/10-point-commitment-to-the-construction-industry-final-002.pdf The plan has been developed by the Government’s Construction Leadership Group and has been endorsed by key agencies such as Transport for NSW, RMS and Infrastructure NSW. An implementation plan will now be developed to turn the 10 commitments into a […]

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