Construction Archives - Page 3 of 13

Construction Security 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

Construction

20 June, 2024

Implied Duty to Act in Good Faith in Construction Contracts

Many parties to construction contracts are unaware that NSW courts often imply a duty to act in good faith in construction contracts. Although a duty to act in good faith may be included expressly, parties need to be aware of how and when a duty to act in good faith…

Victoria Caldwell

Construction Security of Payments

31 May, 2024

The Validity of a Payment Claim is Not Subjective

The case of Taylor Construction Group Pty Ltd v Adcon Structural Group Pty Ltd NSWSC 723 This article deals with whether a payment claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA) is valid notwithstanding it is argued otherwise. Background Under section 13(1C)…

nicole

Commercial Construction Development

16 May, 2024

Be Aware Of Discharging A Guarantee

In the construction industry, it is common for a parent company/guarantor of a contractor to provide a guarantee to the principal. The guarantee usually includes the assumption of liability for any obligation owed by the contractor to the principal should the contractor fail to meet its obligations. This article deals…

Victoria Caldwell

Construction

13 May, 2024

This is What You Need to Know to Make a Claim in Quantum Meruit

What is a claim in Quantum Meruit? Quantum meruit is an obligation imposed by law that the party who has received the benefit from work pays a reasonable amount to the party who performed the work. This is to prevent unjust enrichment (i.e. receipt of benefits without making payments). When…

Victoria Caldwell

Construction Development

6 May, 2024

Building Information Model: The Devil Is In The Data

Construction Modelling in Australia The Building Information Model (BIM) is a tool used in construction to create 3D models of building projects. The BIM works by having designers and architects insert blueprints, floor plans and other design drawings into a database, which generates a 3D model of the project. The…

Victoria Caldwell

Commercial Construction Insolvency Security of Payments

5 April, 2024

Enforcing SOPA judgments: An overview of Garnishee Orders and Statutory Demands

Congratulations! You have just obtained an adjudication certificate. What comes next if the respondent refuses to pay the adjudicated amount? Knowing how to enforce SOPA debts is essential for construction industry participants who want to exercise their right to receive progress payment. Two potentially powerful options available to claimants are…

Victoria Caldwell

Construction

4 April, 2024

La Niña And Its Effect On Contractors

The last La Niña (wet period) lasted for more than 1 year and ended in March 2023. After a few months of a neutral period, El Niño (dry period) started in September 2023. El Niño was expected to persist until at least the second quarter of this year. However, based…

Victoria Caldwell

Construction

28 March, 2024

Enforceability Of HBA Contracts

Dyjecinska v Step-Up Renovations (NSW) Pty Ltd NSWSC 159 (Dyjecinska case) The Home Building Act 1989 (NSW) (HBA) provides that a residential building contract (contract) must meet certain requirements, such as the contract must be signed, made in writing and contain sufficient description of the works. If the contract does…

Victoria Caldwell

Commercial Construction Property & Projects

28 February, 2024

Consequential Loss: The Approach In NSW

Dangers of drafting liability clauses Hadley & Anor v Baxendale & Ors EWHC J70 (Hadley v Baxendale) was a landmark decision in English law defining the classification of different types of loss. However, both the UK courts and academia and the Australian courts and academia have been pursuing modified and…

Victoria Caldwell

Construction

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