Thought Leadership
The Building and Construction Industry Security of Payment Act 1999 (the Act) is an incredibly effective way for participants in the construction industry to maximise their chances of fair and prompt payment of invoices rendered.
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New Risk Fines for Residential Builders – Are your Residential Building Contracts Compliant?
Residential builders in New South Wales risk significant fines if they do not comply with their newly-created obligations in relation to the Building and Construction Industry Security of Payment Act 1999 (NSW).
Adjudication – 4 Common Pitfalls for Applicants and Respondents
The Building and Construction Industry Security of Payment Act 1999 (the Act) is an incredibly effective way for participants in the construction industry to maximise their chances of fair and prompt payment of invoices rendered.
The 6 Steps to Adjudication
The Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Security of Payment Act”) (and interstate equivalent) is unlike any other law in the country. These laws can be the source of significant rights as well as severe adverse consequences for most businesses in the building industry.
Imminent changes to Security of Payment Laws will empower Residential Builders to maintain positive cash flow and maximise project profits from 1 March 2021.
Managing cash flow in the building industry is critical as many businesses operate on thin profit margins and carry a real risk of insolvency in the event of disruption caused by a dispute, project delay or the insolvency of a head contractor or homeowner.
Changes to Security of Payments Regulations a game changer for NSW Residential Builders’ ability to Resolve Disputes and recover Progress Payments Promptly
Many residential building disputes relate to substantial sums and involve multiple complex issues relating to defects and informal contract variations.
Apartment Building Completion Notices & Audits
If you build Class 2 buildings you need to be across this.
Residential building contracts under $40,000.00 – What if the time limit for a statutory warranty claim has passed? Consumer guarantees under The Australian Consumer Law may apply
Did you know that whilst the statutory warranties are the primary source of obligations for builders, The Australian Consumer Law may also apply?
Property Owners given 10 years to Claim for Financial Loss caused by Defects
A Builder’s Liability Under the Design and Building Practitioners Act 2020.
Security of Payment Law Amendments: How to claim Progress Payments Post 21 October 2019
The amendments bring about two important changes for contractors claiming progress payments.
High Court Confirms Limited Scope of Potential Challenges to Security of Payment Adjudications
In Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 the High Court affirmed the decision of the NSW Court of Appeal that the availability of judicial review to quash an Adjudication Determination under the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Act”) was limited to cases of jurisdictional…
Mid Tier Construction Contracting Essentials
How to make it and not go broke!
Do all residential building disputes have to be determined by the NSW Civil & Administrative Tribunal (“NCAT”)?
Whilst case management by Judges and Magistrates may be preferable to case management by NCAT Members, unless the parties agree for the proceedings to be determined by a Court (and not a Tribunal) or no Defense to a claim is anticipated, then it is usually the case that proceedings for claims under $500,000.00 should be…
