Skip to main content
Category

Construction

Security Of Payment Act: work within 12 months a matter for the adjudicator ConstructionSecurity of Payments
2 February, 2022

Security Of Payment Act: work within 12 months a matter for the adjudicator

Under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act), unless the contract provides otherwise, a payment claim may only be made within 12 months after the work to which the claim relates was last carried out (section 13(4)(b)). In EQ Constructions Pty Ltd v A-Civil Aust…
Victoria Caldwell
More Than A (Bare) Pleading – The Implications of the Supreme Court’s First Decision on the Statutory Duty of Care under the DBPA Construction
16 November, 2021

More Than A (Bare) Pleading – The Implications of the Supreme Court’s First Decision on the Statutory Duty of Care under the DBPA

The New South Wales Supreme Court has issued its first decision concerning the statutory duty of care in section 37 of the Design and Building Practitioners Act 2020 (NSW) (DBPA), which carried important implications in relation to the operation of the statutory duty of care in defects disputes. Vincent Young…
Victoria Caldwell
Charging clauses in residential home building contracts ConstructionProperty & Projects
11 November, 2021

Charging clauses in residential home building contracts

This article considers whether a licensed contractor can insert a charging clause in a residential home building contract. This question is important because it determines whether a licensed contractor can secure their entitlement to receive payment from a residential homeowner.  A secured entitlement helps mitigate the risk of non-payment. Charging…
Victoria Caldwell
Privity of Contract: The role of statutory warranties for third parties to construction agreements CommercialConstructionProperty & Projects
26 October, 2021

Privity of Contract: The role of statutory warranties for third parties to construction agreements

Increasingly, we are reviewing contracts whereby developers seek to provide benefits to third parties by increasing who the contractor owes its obligations to under a contract. For example, a developer may amend all the indemnities in a contract to benefit “Indemnified Parties”. These “Indemnified Parties” are ordinarily third parties which…
Victoria Caldwell
The Melbourne Earthquake: How it should have been dealt with in an Australian Standard construction contract Construction
5 October, 2021

The Melbourne Earthquake: How it should have been dealt with in an Australian Standard construction contract

On 22 September 2021, a magnitude 5.9 earthquake struck Victoria. Undoubtedly, this led many construction managers in Melbourne to review their contracts to assess who bears the risk for any damage caused. Ordinarily, Contractors carry the risk for all loss or damage which occurs during the works whilst they are…
Victoria Caldwell
Residential builders and their claims under the Security of Payment Act ConstructionSecurity of Payments
22 September, 2021

Residential builders and their claims under the Security of Payment Act

Effective from 1 March 2021, the operation of the Building and Construction Industry Security of Payment Act 1999 (NSW) has been expanded due to an amendment made to the Building and Construction Industry Security of Payment Regulation 2020 (NSW) (collectively, ‘Security of Payment Laws’). The Security of Payment Laws now…
Victoria Caldwell
Liabilities for body corporates and nominated building practitioners under the Design and Building Practitioners Act 2020 (NSW) (Act) Construction
29 July, 2021

Liabilities for body corporates and nominated building practitioners under the Design and Building Practitioners Act 2020 (NSW) (Act)

On 1 July 2021, the following sections of the Act commenced operation: Part 2; Division 1 of Part 3; Parts 5 to 9; and Clauses 2 to 4 of Schedule 1. The commencement of these sections introduces the Act in its full operation, except for the requirements as to specialist…
Victoria Caldwell