May 2022

Commercial Construction Insolvency

26 May, 2022

SOPA & statutory demands

There has been some confusion about whether debts which arise under Building and Construction Industry Security of Payment Act 1999 (NSW) (the SOPA) can be enforced using a statutory demand. In Grandview Ausbuilder Pty Ltd v Budget Demolitions Pty Ltd NSWCA 60 (Grandview v Budget), the NSW Court of Appeal…

Victoria Caldwell

Property & Projects

13 May, 2022

Jin Yi Construction Pty Ltd v Romeciti Eastwood Pty Ltd [2022] NSWSC 56

When is a purchaser in an off the plan sale entitled to terminate its contract? The Supreme Court of NSW declared earlier this year in Jin Yi Construction Pty Ltd v Romeciti Eastwood Pty Ltd NSWSC 56 that the purchaser of a commercial strata unit was entitled to rescind the…

Victoria Caldwell

Construction

5 May, 2022

Rise and Fall Clauses in Construction Contracts

Rise and fall clauses have been largely overlooked in the Australian construction industry for over two decades. Interest has picked up in recent months due to rapid increases in materials prices. As we re-enter an inflationary environment, legal practitioners and Contractors should learn about or refresh their knowledge of rise…

Victoria Caldwell

SOPA & statutory demands

Jin Yi Construction Pty Ltd v Romeciti Eastwood Pty Ltd [2022] NSWSC 56

Rise and Fall Clauses in Construction Contracts

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