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Security of Payments

Impact of using “without prejudice” documents in an adjudication ConstructionSecurity of Payments
21 August, 2024

Impact of using “without prejudice” documents in an adjudication

AM Darlinghurst Investment Pty Ltd as trustee for AM Darlinghurst Investment Trust v Growthbuilt Pty Limited NSWSC 825 In general, communications and documents marked as “without prejudice” cannot be used by the other party as evidence in court. This ensures that parties can speak openly about the matter in dispute…
Victoria Caldwell
Can Contractors Prove Their SOPA Losses When a Precise Calculation Cannot Be Performed? ConstructionSecurity 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
Submissions “Duly Made” & the Scope of the Adjudicator’s Obligation to Consider ConstructionSecurity of Payments
21 June, 2024

Submissions “Duly Made” & the Scope of the Adjudicator’s Obligation to Consider

Bega Valley Shire Council v Kenpass Pty Ltd NSWSC 399 The recent case of Bega Valley Shire Council v Kenpass Pty Ltd NSWSC 399 (“Bega Council v Kenpass”) discusses the level of consideration an adjudicator must have for each party’s arguments under section 22(2) of the Building and Construction Industry…
Victoria Caldwell
Enforcing SOPA judgments: An overview of Garnishee Orders and Statutory Demands CommercialConstructionInsolvencySecurity 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
You Have One Shot ConstructionSecurity of Payments
7 December, 2023

You Have One Shot

Serving a Payment Claim Post-Termination Introduction Section 13(1)(c) of the Building and Construction Industry (Security of Payment) Act 1999 (SOPA) allows contractors to serve one final payment claim after termination of a construction contract. In Taylor Construction Group Pty Ltd v Adcon Structural Group Pty Ltd NSWSC 723 (Taylor v…
Victoria Caldwell
Using DOCAS To Preserve SOPA Claims In Administrations? CommercialConstructionInsolvencySecurity of Payments
1 December, 2023

Using DOCAS To Preserve SOPA Claims In Administrations?

Commercial Context Construction companies are often thinly capitalised and do not hold significant real property or other assets.  Often their most significant (and sometimes their only) assets are unpaid progress claims arising from construction work undertaken prior to entering into external administration. Progress claims however can be difficult to recover.…
Victoria Caldwell