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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 …
4 - Minute Read
read moreUpdate contracts and register assets to protect against insolvency events
04 December 2018 | Construction & Infrastructure | Nicholas Achurch
It’s time to review and update your insolvent trading clauses and practices! Historically common law came to the aid of an asset owner needing to protect materials, plant and equipment delivered to a buyer which had not yet paid in full. Recent changes to the Corporations Act 2001 (Cth) assist such buyers in receipt of unpaid assets even though the buyers are potentially insolvent.
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. …
3 - Minute Read
read moreThe new Security of Payments landscape – critical changes to the NSW Legislation
13 March 2014 | Civil Contractors and Construction | Marcus McCarthy
In response to the Collins Inquiry into Insolvency in the Construction Industry, the Government has passed the most significant amendments to …
