May 2024

Construction Security of Payments

31 May, 2024

The Validity of a Payment Claim is Not Subjective

The case of Taylor Construction Group Pty Ltd v Adcon Structural Group Pty Ltd NSWSC 723 This article deals with whether a payment claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA) is valid notwithstanding it is argued otherwise. Background Under section 13(1C)…

nicole

Development Property & Projects

17 May, 2024

TOD and LMR Programs – Developers must engage

Department and Developer Led Housing Increase The Transported Oriented Development (TOD) Program and the Low and Mid-Rise Housing (LMR) Program (together Programs) are opening up opportunities for increased development in targeted areas and regions of NSW. The Programs are initiatives not just to increase housing development to address the current…

Victoria Caldwell

Commercial Construction Development

16 May, 2024

Be Aware Of Discharging A Guarantee

In the construction industry, it is common for a parent company/guarantor of a contractor to provide a guarantee to the principal. The guarantee usually includes the assumption of liability for any obligation owed by the contractor to the principal should the contractor fail to meet its obligations. This article deals…

Victoria Caldwell

Commercial Insolvency

14 May, 2024

When does a company “incur” a tax debt for the purposes of a claim under section 588G?

Section 588G of the Corporations Act 2001 (Cth) imposes a positive duty on company directors to stop a company they control from incurring a debt once it has become insolvent. Insolvent trading claims often constitute one of the easiest recoveries available in liquidation. Complexities however can arise when considering when…

Victoria Caldwell

Construction

13 May, 2024

This is What You Need to Know to Make a Claim in Quantum Meruit

What is a claim in Quantum Meruit? Quantum meruit is an obligation imposed by law that the party who has received the benefit from work pays a reasonable amount to the party who performed the work. This is to prevent unjust enrichment (i.e. receipt of benefits without making payments). When…

Victoria Caldwell

Construction Development

6 May, 2024

Building Information Model: The Devil Is In The Data

Construction Modelling in Australia The Building Information Model (BIM) is a tool used in construction to create 3D models of building projects. The BIM works by having designers and architects insert blueprints, floor plans and other design drawings into a database, which generates a 3D model of the project. The…

Victoria Caldwell

The Validity of a Payment Claim is Not Subjective

TOD and LMR Programs – Developers must engage

Be Aware Of Discharging A Guarantee

When does a company “incur” a tax debt for the purposes of a claim under section 588G?

This is What You Need to Know to Make a Claim in Quantum Meruit

Building Information Model: The Devil Is In The Data

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