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When It Comes To Delay, Don’t Wait And See – The 2nd Edition Of The SOCL Delay And Disruption Protocol Construction
25 June, 2017

When It Comes To Delay, Don’t Wait And See – The 2nd Edition Of The SOCL Delay And Disruption Protocol

  In February of this year, the Society of Construction Law (“SOCL”) published the 2nd Edition of the Delay and Disruption Protocol (“the Protocol”) – the first update to the Protocol since the release of the first edition in 2002. The Protocol is prepared for the UK market, but has…
Adjudication determinations are not reviewable for non-jurisdictional errors of law ConstructionSecurity of Payments
6 March, 2017

Adjudication determinations are not reviewable for non-jurisdictional errors of law

In our June 2016 issue of Construction, Property & Projects Insights (Issue 4), we discussed the first instance decision of Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd NSWSC 770, in which the Supreme Court of NSW held that adjudication determinations were subject to judicial review for non-jurisdictional…
High Court rules that a payment claim is invalid without a valid reference date ConstructionSecurity of Payments
9 February, 2017

High Court rules that a payment claim is invalid without a valid reference date

Introduction In our November 2016 Construction, Property & Projects Insights (Issue 5), we noted that the High Court was soon to release judgment in Southern Han Breakfast Point Pty Ltd (In Liquidation) v Lewence Construction Pty Ltd HCA 52 (Southern Han Decision), which would be the first time the High…
Building Energy Efficiency Certificates (BEEC) – changes from 2017 Construction
14 December, 2016

Building Energy Efficiency Certificates (BEEC) – changes from 2017

The position regarding Building Energy Efficiency Certificates (BEEC) in Australia is in a transition phase as a result of changes to the Commercial Building Disclosure Program (CBDP), which exists under the Building Energy Efficiency Disclosure Act 2010. Currently, lessors are required to provide energy efficient information when they lease or…
Construction, Property & Projects Insights Issue 5 – November 2016 ConstructionProperty & Projects
1 December, 2016

Construction, Property & Projects Insights Issue 5 – November 2016

In this issue, we look at the following key developments in construction, property & projects law:Security of Payments Goes to the High CourtUnfair Contract Terms in the Construction Industry – You Need to Take ActionNew Strata Laws and Building Bond Regime Set to CommenceLoose Lips Sink Ships – Representations During…
Loose Lips Sink Ships – Representations During Negotiations CommercialConstructionProperty & Projects
27 September, 2016

Loose Lips Sink Ships – Representations During Negotiations

Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd HCA 26This Victorian case illustrates the problem with talking loosely during negotiations.The case worked its way from the Victorian Civil & Administrative Tribunal (VCAT), through the Victorian Court of Appeal and finally to the full bench of the High Court.The FactsThe…
Unfair Contract Terms in the Construction Industry – You Need to Take Action Construction
16 September, 2016

Unfair Contract Terms in the Construction Industry – You Need to Take Action

Unfair Contract Terms in the Construction Industry – You Need to Take ActionIn November 2016 new legislative changes will see negotiating power swing away from larger businesses towards small businesses.This article looks at:the changes to the Australian Consumer Law which will extend unfair contract protections to small businesses (less than…
New strata building bond scheme is set to commence 1 July 2017 ConstructionProperty & Projects
11 July, 2016

New strata building bond scheme is set to commence 1 July 2017

 What is the Building Bond Scheme? The building bond scheme is a regime whereby developers of residential strata schemes have to: lodge a bond with the Department of Finance, Services and Innovation (DFSI); and arrange for defects inspections within the strata scheme after completion of the building work. Does the…
Construction, Property & Projects Insights Issue 4 – June 2016 ConstructionSecurity of Payments
4 July, 2016

Construction, Property & Projects Insights Issue 4 – June 2016

In this issue, we look at the following key developments in construction, property & projects law: Contractual Clauses Limiting the Accrual of Reference Dates or a Right to a Progress Payment | Are Your Clauses Void? Supreme Court Overturns Adjudication Determination for Failure to Apply LDs Case Law Developments |…