Skip to main content
Category

Security of Payments

BuildingConstructionSecurity 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
BuildingCommercialConstructionInsolvencySecurity 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
BuildingConstructionContractsSecurity of Payments
11 March, 2022

The addition of absolute discretion in EOT clauses – No notices – no extensions of time

The New South Wales Supreme Court’s decision in Growthbuilt Pty Ltd v Modern Touch Marble & Granite Pty Ltd NSWSC 290 (Growthbuilt) has extremely significant implications regarding extension of time (EOT) clauses. Contractors and legal practitioners must take note of this momentous decision. Implications for contractors The key takeaway from…
bluesix