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Victoria Caldwell

The Effect of Nominal Rates for Liquidated Damages BuildingConstructionContractsDevelopment
10 July, 2024

The Effect of Nominal Rates for Liquidated Damages

Not an exhaustive remedy for a delay This article discusses the impact of the statutory warranties under section 18B of the Home Building Act 1989 (NSW) (HBA) on liquidated damages under a construction contract. Introduction Generally, liquidated pre-ascertained damages are an express agreement between the parties of the genuine pre-estimate…
Victoria Caldwell
The limits of the Court’s approval for administrator fees CommercialInsolvency
10 July, 2024

The limits of the Court’s approval for administrator fees

In Australian Securities and Investments Commission v Marco (No 15) FCA 347, the Court addressed the factors to be considered when approving the fees of administrators. Cameron Shaw, Richard Albarran and Marcus Watters from Hall Chadwick sought a determination of their remuneration disbursements and costs for work performed over a…
Victoria Caldwell
Can Contractors Prove Their SOPA Losses When a Precise Calculation Cannot Be Performed? AdjudicationBuildingConstructionLitigationSecurity of Payments
10 July, 2024

Can Contractors Prove Their SOPA Losses When a Precise Calculation Cannot Be Performed?

The case of Canterbury Bankstown Council v General Works and Construction Pty Ltd NSWSC 310 This article deals with whether submissions have been duly made under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act) and what is necessary to establish losses where a precise calculation cannot…
Victoria Caldwell
Differences in the Design Component between Australian Standard Contracts and Government Contract GC21 BuildingConstructionContracts
10 July, 2024

Differences in the Design Component between Australian Standard Contracts and Government Contract GC21

What are the Australian Standard contracts? The Australian Standard contracts are a set of construction contracts in standard form developed by a not-for-profit organisation called Standard Australia. The Australian Standard contracts are widely used in the Australian construction industry. What is a government contract and what is the GC21? Government…
Victoria Caldwell
Submissions “Duly Made” & the Scope of the Adjudicator’s Obligation to Consider Law
21 June, 2024

Submissions “Duly Made” & the Scope of the Adjudicator’s Obligation to Consider

Bega Valley Shire Council v Kenpass Pty Ltd NSWSC 399 The recent case of Bega Valley Shire Council v Kenpass Pty Ltd NSWSC 399 (“Bega Council v Kenpass”) discusses the level of consideration an adjudicator must have for each party’s arguments under section 22(2) of the Building and Construction Industry…
Victoria Caldwell
Seeking Payment Upstream from the Principal BuildingConstructionContractsDevelopmentProjectsSecurity of Payments
20 June, 2024

Seeking Payment Upstream from the Principal

After lodging a payment withholding request under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA) on a principal, a subcontractor may utilise the Contractors Debt Act 1997 (NSW) (CDA) to seek payment directly from the principal instead of the respondent/contractor. This alternative means of seeking payment…
Victoria Caldwell