Building Archives - Page 4 of 6

Building Construction Defects Strata

23 January, 2023

What is the evidentiary threshold for combustible cladding?

In our previous article published this October titled, “Governments react to combustible cladding following the Grenfell fire?”, we discussed NSW and UK government reactions to combustible cladding post-Grenfell. Here, we ask what evidence is required to determine whether the builder or developer is liable to replace retrospectively-banned cladding. Biowood…

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Building Construction Development Law

9 January, 2023

New Licensing Regime for NSW and the Commercial Construction Sector

If you are carrying out commercial construction work or considering moving into the commercial construction sector on the basis of its (currently) relaxed licensing requirements, we recommend that you read this article. NSW is the only jurisdiction in Australia that does not require a building licence to carry out…

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Building Construction Contracts Projects

3 January, 2023

New NSW Government Commercial Principles

On 1 September 2022, the NSW Government published its “Commercial principles on escalation risk for infrastructure projects” (Commercial Principles) to guide contractors and government agencies through the current inflationary environment. The Commercial Principles recognise cost escalation as a foreseeable risk that can be managed. These are intended as a…

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Building Construction Law

26 December, 2022

Comparison of Home Warranty Insurance Schemes

What is Homeowners’ Warranty Insurance? Homeowners warranty insurance (HWI) is a type of mandatory insurance designed to protect homeowners in the event that certain residential building works are defective or incomplete. HWI is known by many different names throughout Australia. National Approach Currently there is no uniform national approach to…

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Building Construction Contracts

19 December, 2022

Warranties by the Provider of Free Issue Material

General Rule The general rule is that a person who contracts to do work and supply materials warrants that the materials used will be of good quality and reasonably fit for its intended purpose, unless the Contract excludes such warranty. Free Issue Items/Material In McMurray v AIG Insurance Australia…

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Adjudication Building Construction Contracts Law Security of Payments

14 December, 2022

‘Pay When Paid’ Clauses Do Not Work – Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5

What exactly is a ‘pay when paid’ provision? A ‘pay when paid’ provision is one where the release of retention under a subcontract is dependent on the operation of a clause of the head contract. Under s 12 of the Building and Construction Industry Security of Payment Act 1999…

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Building Construction Law

23 June, 2022

Queensland project trust accounts

Since its introduction in 2020, the Queensland construction industry has been adapting to the Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2020 (Qld) (‘BIFOLA’). One of the most significant amendments made by BIFOLA is the introduction of the new trust account framework to replace the previous…

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Building Construction Law Security of Payments

24 March, 2022

Case Note: Equa Building Services Pty Ltd v A&H Floors 2 Doors Australia Pty Ltd [2022] NSWSC 152

The recent Supreme Court decision in Equa Building Services Pty Ltd v A&H Floors 2 Doors Australia Pty Ltd NSWSC 152 (Equa) has re-emphasised the importance of strict compliance with the provisions of the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act). In particular: contractors and subcontractors…

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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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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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