Upcoming Amendments to the Building and Construction Industry Security of Payment Act 1999 (NSW) – to come into operation on 21 October 2019 On 28 November 2018 the New South Wales Parliament passed an [...]
QBCC licensing implications in the event of a director or nominee's death What happens to your contracting business if you die? Sadly, we have recently had another case in Queensland where the “owner” of [...]
Five Legal issues in the Building and Construction of Large Format Retail Stores 1. Choosing the right construction contract: Choosing the correct form of building contract is critical when procuring the construction of Large [...]
"No liquidated damages? No problem!" Or maybe not... Building projects are often delayed. Whilst this may seem obvious, as building and construction lawyers, we are often confronted with disputes relating to projects that have [...]
Combustible Cladding and the Lacrosse tower: Owners Corporation No 1 of PS613436T v LU Simon Builders Pty Ltd & Ors [2019] VCAT 286 Background In November 2014 a fire broke out on the balcony [...]
Licence to Lend? Why lending your Building Licence is riskier than you think Background The practice of Registered Building Practitioners (RBPs) lending out their builder’s licences to others in return for a fee is [...]
The Victorian Building Authorities' Statutory Powers to Issue Directions to Fix Limited by the Supreme Court L U Simon Builders Pty Ltd v Victorian Building Authority [2017] VSC 805 In November 2014 a fire [...]
Whilst receiving a notice from QBCC is a serious, significant matter, it is important that you do not always assume the notice is valid. The following recent case highlights this point. Background RT No [...]
There are calls for urgent intervention from the Commonwealth Government to address the insolvency thousands of Australian contractors and subcontractors face when participants higher in the payment chain become insolvent or fail to pay. [...]
Pitfalls with suppliers' terms and conditions and how to avoid them Here is a common scenario we see all the time in the construction industry. You enter into a construction contract which has specifications [...]
New Security of Payment provisions finally to come into effect – but next stage of Project Bank Accounts pushed back The Queensland government has announced that the Security of Payment provisions of the Building [...]
“It’s okay, you won’t need a licence….”; another contractor falls afoul of the QBCC licensing regime The licensing regime erected by the Queensland Building and Construction Commission Act 1991 (Qld) (QBCC Act) is, to [...]
The latest for contractors on repayment demands based on alleged 'unfair preference' Given the spate of insolvencies in the construction industry, it is unsurprising that we have acted for a number of contractors who [...]
Onerous Contract Provisions - Client Guide Introduction There is an imbalance between the rights and obligations and hence liabilities and risks, borne by sub-contractors as against contractors. Risk is increasingly being shifted onto the [...]
Invoices and progress claims in Queensland will no longer need to state they are a payment claim to be one When the security of payment provisions of the Building Industry Fairness (Security of Payment) [...]
Practical completion and service under security of payment legislation A New South Wales security of payment case could be an indicator of how Queensland security of payments legislation may be interpreted by the Queensland [...]
Beware when signing Form 15 - you may be personally liable In a recent case the Queensland Court of Appeal held an engineer personally liable for signing an incorrect Form 15 (compliance certificate for [...]
New security of payments laws - learn all about it or pay the price These tips help explain why all contractors need to attend the upcoming workshops about the tough, new security of payments laws. You [...]
QBCC changes tune on defective work The QBCC has recently released a statement confirming their approach to defective building works and the issuing of Directions to Rectify. Whilst it is good news when the [...]
Non-conforming products - a tragic reminder The recent tragedy at the Grenfell Tower in London highlights the importance to contractors of the risks and dangers in utilising non-conforming products. Grenfell Tower was a public [...]
Adjudications, unfair contracts and much more...as seen by a registered adjudicator I am a Registered Adjudicator under the Security of Payment Act. I have decided dozens of adjudication applications. One of the things that [...]
Is it a liquidated damage or an unenforceable penalty? Contractors have been faced with uncertainty in relation to the enforceability of liquidated damages clauses since the decision of the High Court in Andrews v [...]
Is there another way to achieve a better result with your next enterprise agreement? Major contractors are about to commence renegotiating their Enterprise Agreements with the Electrical Trades Union. There continues to be a lack of [...]
Super for Contractors - it's more complicated than you think! With the growing trend for outsourcing, a common mistake is to assume that every contractor is responsible for its own superannuation. Actually, in many [...]
What other documents should you submit with your progress claims? Many contracts require contractors to provide statutory declarations or other specified documents before, or at the time of, issuing a progress claim. A recent [...]
$313,500 fine for sham contracting! It pays to minimise your risks arising from contracting arrangements Beware, the ATO is aggressively auditing businesses for sham Contracting Arrangements and for unpaid superannuation under the “super for [...]