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3 - Minute Read
read moreTraps in preliminary agreements
07 June 2019 | Civil Contractors and Construction | Kelvin Keane
Are you a builder and confused about 'preliminary agreements' and what you should and should not do? Our own Kelvin Keane provides some clarity on this issue in his latest article.
3 - Minute Read
read moreWarning – Don’t use the SOP Act to make dodgy claims
04 June 2019 | Civil Contractors and Construction | Kevin Pathinather
It is common in claims made under the Building and Construction Industry Security of Payment Act for a Respondent to assert that the claimant’s claims have been “grossly embellished” (to put it politely). This case serves as a stark warning to contractors who think making exaggerated claims in Payment Claims are a good idea!
5 - Minute Read
read moreExperts and Strata – A Developer’s (and Builder’s) need for inspectors and quantity surveyors when dealing with strata developments
08 May 2019 | Civil Contractors and Construction | Kelvin Keane
To reduce risk and exposure, it is important that Builders and Developers know when, and which expert, to engage.
2 - Minute Read
read moreIf you can’t go through them, go above them – Payment Withholding Requests in Security of Payment Disputes
03 May 2019 | Area of Expertise | Nicholas Achurch
As a contractor, almost invariably you’ve experienced non-payment of an invoice. So what can you do?
4 - Minute Read
read moreThe Devil in Design – Builders in the Firing Line
27 March 2019 | Civil Contractors and Construction | Nicholas Achurch
Opal Tower - can it really be the case that innocent builders or even worse, owners end up footing the bill for this fiasco? What options are available to address this significant problem? A proactive approach needs to be taken to address these issues rather than collective ignorance and shirking responsibilities.
4 - Minute Read
read moreSecurity of Payments – New Year, New Act
21 February 2019 | Civil Contractors and Construction | Nicholas Achurch
Significant amendments to the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) were passed on 21 November …
2 - Minute Read
read moreClimate Change – A Construction Contractor’s Risk?
02 August 2018 | Civil Contractors and Construction | Simon Forsterling
Australian Governments at all levels recognise that climate change is occurring. The NSW Government has gone so far as to publish …
2 - Minute Read
read moreSimplifying construction contract language
12 June 2018 | Civil Contractors and Construction | Simon Forsterling
Construction law has its own language and each contract is like a dialect of that language.
If you don’t communicate using the …
3 - Minute Read
read more2018 Construction projects – three changes to the law you need to know
11 January 2018 | Civil Contractors and Construction | Kelvin Keane
Three fundamentals of any construction project – building product safety, defects and termination – are set to change under new legislation …
4 - Minute Read
read moreSecurity of payment reform – where to from here?
02 February 2016 | Civil Contractors and Construction | Marcus McCarthy
The seemingly endless cycle of changes to security of payment legislation across the country continues.
NSW is once again looking at reforming …
3 - Minute Read
read moreQuantity Surveyor liability – developer awarded damages for negligent work
13 January 2016 | Civil Contractors and Construction | Marcus McCarthy
Assessing claims during construction can be risky business for quantity surveyors and superintendents. In the recent matter of LM Investment Management …
2 - Minute Read
read moreHome warranty insurance – more reforms for a broken system
12 January 2016 | Civil Contractors and Construction | Marcus McCarthy
The Home Building Compensation Fund is once again up for review after the NSW Government determined the current structure is not …
3 - Minute Read
read moreHome Building Compensation Fund – how to claim
09 April 2015 | Civil Contractors and Construction | Marcus McCarthy
The Home Building Compensation Fund in NSW is designed to protect consumers where their builder dies, disappears or becomes insolvent (Insured …
3 - Minute Read
read moreHow builders can limit their exposure to a claim for defects
07 November 2014 | Civil Contractors and Construction | Marcus McCarthy
A recent decision in the Supreme Court provides guidance for builders as to the ‘dos’ and ‘don’ts’ around defect rectification and …
2 - Minute Read
read moreNCAT building disputes – can your lawyer represent you?
18 September 2014 | Civil Contractors and Construction | Marcus McCarthy
The NSW Civil and Administrative Tribunal (NCAT) replaced numerous tribunals on 1 January 2014, including the Consumer, Trader and Tenancy Tribunal. …
