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“You’ve Been Served” – Or Have You? Electronic Service Under SOPA Construction
30 January, 2023

“You’ve Been Served” – Or Have You? Electronic Service Under SOPA

  The increasing integration of technology into the construction industry has brought on a range of new methods of delivery of information which have substantially replaced traditional post. The legal process of ‘service’ is no exception and has been the subject of dramatic change to account for technologies such as…
Victoria Caldwell
Contractors Beware – NCAT Decision on Work Orders and The Application of Margins Construction
26 January, 2023

Contractors Beware – NCAT Decision on Work Orders and The Application of Margins

  Case Note: Patel v Southern Cross Joinery Pty Limited NSWCATCD 162 The NSW Civil and Administrative Tribunal (NCAT), unlike any other Court, can make costs orders and work orders. Contractors must behave professionally when carrying out construction works. Otherwise, Contractors may have costs ordered against them, rather than a…
Victoria Caldwell
What is the evidentiary threshold for combustible cladding? ConstructionProperty & Projects
23 January, 2023

What is the evidentiary threshold for combustible cladding?

  In our previous article published this October titled, “Governments react to combustible cladding following the Grenfell fire?”, we discussed NSW and UK government reactions to combustible cladding post-Grenfell. Here, we ask what evidence is required to determine whether the builder or developer is liable to replace retrospectively-banned cladding. Biowood…
Victoria Caldwell
New Licensing Regime for NSW and the Commercial Construction Sector ConstructionDevelopment
9 January, 2023

New Licensing Regime for NSW and the Commercial Construction Sector

  If you are carrying out commercial construction work or considering moving into the commercial construction sector on the basis of its (currently) relaxed licensing requirements, we recommend that you read this article. NSW is the only jurisdiction in Australia that does not require a building licence to carry out…
Victoria Caldwell
New NSW Government Commercial Principles ConstructionProperty & Projects
3 January, 2023

New NSW Government Commercial Principles

  On 1 September 2022, the NSW Government published its “Commercial principles on escalation risk for infrastructure projects” (Commercial Principles) to guide contractors and government agencies through the current inflationary environment. The Commercial Principles recognise cost escalation as a foreseeable risk that can be managed. These are intended as a…
Victoria Caldwell
Comparison of Home Warranty Insurance Schemes    Construction
26 December, 2022

Comparison of Home Warranty Insurance Schemes   

What is Homeowners’ Warranty Insurance? Homeowners warranty insurance (HWI) is a type of mandatory insurance designed to protect homeowners in the event that certain residential building works are defective or incomplete. HWI is known by many different names throughout Australia. National Approach Currently there is no uniform national approach to…
Victoria Caldwell
‘Pay When Paid’ Clauses Do Not Work – Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5 ConstructionSecurity of Payments
14 December, 2022

‘Pay When Paid’ Clauses Do Not Work – Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5

  What exactly is a ‘pay when paid’ provision? A ‘pay when paid’ provision is one where the release of retention under a subcontract is dependent on the operation of a clause of the head contract. Under s 12 of the Building and Construction Industry Security of Payment Act 1999…
Victoria Caldwell
Unreasonable or Disproportionate Rectification Scope – Where do Courts Draw the Line? Construction
28 November, 2022

Unreasonable or Disproportionate Rectification Scope – Where do Courts Draw the Line?

Where defective construction work requires rectification and the rectification work is carried out by the Principal, the Principal is entitled to recover the cost of those rectification works in the form of damages. This article considers the extent of the damages recoverable by a Principal. How does a Principal recover…
Victoria Caldwell
How did the NSW and UK Governments react to combustible cladding following the Grenfell fire? ConstructionProperty & Projects
14 October, 2022

How did the NSW and UK Governments react to combustible cladding following the Grenfell fire?

Combustible Cladding: London to Sydney The Lacrosse Apartment fire in Melbourne (2014) and the death of 72 people in the Grenfell Tower fire in London (2017) exposed the use of combustible cladding and the regulations in place. Five years after the Grenfell Tower fire, it is important to revisit the…
Victoria Caldwell