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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…
Victoria Caldwell
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.…
nicole
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…
Victoria Caldwell
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…
Victoria Caldwell
A landmark Court of Appeal case led by Vincent Young changes the operation of bank guarantees in NSW ConstructionVincent Young
12 July, 2024

A landmark Court of Appeal case led by Vincent Young changes the operation of bank guarantees in NSW

Fundamental change to the operation of bank guarantees EnerMech Pty Ltd v Acciona Infrastructure Projects Australia Pty Ltd NSWCA 162 has changed the operation of bank guarantees fundamentally in New South Wales. The case represents a significant decision from an intermediate appellate court concerning the intricate dynamics between bank guarantees…
nicole
Can Contractors Prove Their SOPA Losses When a Precise Calculation Cannot Be Performed? ConstructionSecurity 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