Construction

The New South Wales Court of Appeal’s decision in Martinus Rail Pty Ltd v Qube Services (No 2) Pty Ltd NSWCA 49 further demonstrated how difficult it is to successfully challenge an adjudication determination under the Building and Construction Industry Security of Payment Act 1999 (NSW). One critical aspect of…

The case of Andrews & Andrews Construction Pty Ltd v Yao; Yao v Andrews & Andrews Construction Pty Ltd NSWSC 322 highlights the importance of correctly understanding joint contractual obligations. It also demonstrates the need for a party to raise any concerns about cost overruns or tendering with the builder…

East End Projects Pty Ltd v GJ Building and Contracting Pty Ltd NSWSC 819 Some construction contracts require the Contractor to submit a draft payment claim before making a final claim. This process was examined by the Court in East End Projects Pty Ltd v GJ Building and Contracting Pty…

Ensuring Responsibility is Fairly Apportioned    Why does apportioning liability matter? Like the construction process itself, construction disputes often involve multiple parties, who have often caused or contributed to loss or damage. In the context of construction litigation, particular challenges arise where loss or damage is alleged under the Home…

Claire Rewais and Osama Rewais t/as McVitty Grove v BPB Earthmoving Pty Ltd NSWSC 1271 (McVitty v BPB) Previously, contractors were entitled to progress payments under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) even if they did not comply with trade licensing and insurance requirements…

If you work in construction, you may think that having your rights and duties laid out in a statute is simpler to comprehend and apply. However, the reality is that statutes are always open for interpretation and the breadth of your duties and entitlements can often change. Statutory Widening There…