2022

Building Construction Contracts Security of Payments

11 March, 2022

The addition of absolute discretion in EOT clauses – No notices – no extensions of time

The New South Wales Supreme Court’s decision in Growthbuilt Pty Ltd v Modern Touch Marble & Granite Pty Ltd NSWSC 290 (Growthbuilt) has extremely significant implications regarding extension of time (EOT) clauses. Contractors and legal practitioners must take note of this momentous decision. Implications for contractors The key takeaway from…

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Contracts Employment Law

7 March, 2022

Employee or Contractor?: the High Court decides

The High Court of Australia (HCA) handed down two major decisions that highlight the importance of getting contractual terms correct and how those terms can determine the nature of the relationship. In the two decisions, the HCA makes clear that where the terms of the parties' relationship are comprehensively committed…

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Building Construction Contracts Security of Payments

1 March, 2022

Identifying construction work in payment claims – correctly identify, or pay the price

To be able to access the adjudication process under the various Security of Payment schemes in Australia, claimants are required by legislation to “identify” the construction works in a payment claim for which they seek payment. The word “identify” does not arise frequently in security of payment legislation, but where…

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Construction Law Security of Payments

17 February, 2022

Payment Schedules Must Contain Proper Reasons to Withhold Payment

It is tempting to respond in a Payment Schedule with the words “pending”, “insufficient information“ or “we will not pay your claim until all works are finished”. However, these types of unsubstantiated reasons will not work. In the NSW Supreme Court of Appeal case, Joye Group Pty Ltd v Cemco…

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Construction Law

2 February, 2022

Security Of Payment Act: work within 12 months a matter for the adjudicator

Under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act), unless the contract provides otherwise, a payment claim may only be made within 12 months after the work to which the claim relates was last carried out (section 13(4)(b)). In EQ Constructions Pty Ltd v A-Civil Aust…

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Commercial Contracts Law

27 January, 2022

Can you “trust” a trustee? – Limitation of trustee liability clauses in Construction Contracts

What you need to know? Trustees are commonly used to enter into construction contracts as a risk mitigation tool. When contracting as a trustee one needs to be careful to ensure that the appropriate trustee limitation of liability provisions are included in the construction contract. When contracting with a trustee…

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Employment HR

25 January, 2022

I can manage myself – A lesson in bullying and performance management

The Fair Work Commission (FWC) has rejected an employee’s application for anti-bullying orders, after finding the employee had, on occasions, been “blatantly misogynistic”. The employee, who began reporting to his female supervisor last year, was put on a performance improvement plan (PIP) by the supervisor, following concerns about his performance,…

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Development Law Projects Property

20 January, 2022

New changes to community land laws

The Community Land Development Act 2021 (NSW) (Development Act) and Community Land Management Act 2021 (NSW) (Management Act) reforms have commenced on 1 December 2021. The new laws are aimed to modernise the development, management and operation of community schemes in NSW. See below brief introduction on community schemes and…

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Building Construction Law

14 January, 2022

Decennial Liability Insurance

After a spate of issues plaguing the building and construction industry in recent years, the NSW government is proposing the introduction of a decennial liability insurance scheme (DLI) with the view of increasing protections for owners and purchasers of residential apartments. What is DLI? DLI is a mandatory defects insurance…

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The addition of absolute discretion in EOT clauses – No notices – no extensions of time

Employee or Contractor?: the High Court decides

Identifying construction work in payment claims – correctly identify, or pay the price

Payment Schedules Must Contain Proper Reasons to Withhold Payment

Security Of Payment Act: work within 12 months a matter for the adjudicator

Can you “trust” a trustee? – Limitation of trustee liability clauses in Construction Contracts

I can manage myself – A lesson in bullying and performance management

New changes to community land laws

Decennial Liability Insurance

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