News

Construction

11 May, 2026

Liability of directors under the Design and Building Practitioners Act – same title, different fate

Strata Plan 92183 v Samdora Pty Ltd NSWSC 406 Since the Design and Building Practitioners Act 2020 (NSW) (DBP Act) came into force, numerous claims have been brought against the directors of builders and developers. However, so far, there isn’t any clear criterion defining the circumstances under which a director…

Rebecca Salib

Construction Security of Payments

21 January, 2026

When a typo can ruin an adjudication

Singh v A1 Home Builders Pty Ltd NSWSC 1521 What happens if a claimant has misspelled the respondent’s email address in the adjudication application form? The result is that the respondent will not have received any notice of the adjudicator’s appointment, giving rise to a jurisdictional issue that can render…

Rebecca Salib

Construction

28 November, 2025

Clawing back overpaid progress payments?

Takeaways from CBEM Holdings Pty Ltd v Sunshine East Pty Ltd NSWCA 250 The recent Court of Appeal decision in CBEM Holdings Pty Ltd v Sunshine East Pty Ltd NSWCA 250 reaffirmed some important legal principles regarding claims to recover overpayments made in progress claims. Background In the CBEM case,…

Venice Leung