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