Skip to main content
Monthly Archives

August 2024

Impact of using “without prejudice” documents in an adjudication ConstructionSecurity of Payments
21 August, 2024

Impact of using “without prejudice” documents in an adjudication

AM Darlinghurst Investment Pty Ltd as trustee for AM Darlinghurst Investment Trust v Growthbuilt Pty Limited NSWSC 825 In general, communications and documents marked as “without prejudice” cannot be used by the other party as evidence in court. This ensures that parties can speak openly about the matter in dispute…
VY meets state politicians Construction
12 August, 2024

VY meets state politicians

Last week, our team had the privilege of meeting with The Hon Scott Farlow MLC and Mr Tim James MP to discuss the upcoming review by the Public Accountability and Works Committee of the Design and Building Practitioners Act 2020 and the Residential Apartment Buildings (Compliance and Enforcement) Act 2020.…
Construction Law Basics: The Owners – Strata Plan 80867 v Da Silva [2024] NSWDC 263 Construction
8 August, 2024

Construction Law Basics: The Owners – Strata Plan 80867 v Da Silva [2024] NSWDC 263

The judgment in The Owners – Strata Plan 80867 v Da Silva NSWDC 263 provides a fresh reminder of some basic concepts in construction law that every industry participant should know, namely, oral variations are not allowed under residential building contracts and claims under section 37 of the Design and…
Detailed Analysis of Recovering a Drawn-Down Bank Guarantee by the Security of Payment Act Construction
7 August, 2024

Detailed Analysis of Recovering a Drawn-Down Bank Guarantee by the Security of Payment Act

EnerMech Pty Ltd v Acciona Infrastructure Projects Australia Pty Ltd NSWCA 162 In EnerMech Pty Ltd v Acciona Infrastructure Projects Australia Pty Ltd   NSWCA 162, the New South Wales Court of Appeal ruled in a way that permits payment claims to seek payment not specifically “for construction work”. The…