News

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The Devil in Design – Builders in the Firing Line

27 March 2019 | Civil Contractors and Construction |

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.

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Security of Payments – New Year, New Act

21 February 2019 | Civil Contractors and Construction |

Significant amendments to the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) were passed on 21 November …

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Update contracts and register assets to protect against insolvency events

04 December 2018 | Construction & Infrastructure |

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.

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Climate Change – A Construction Contractor’s Risk?

02 August 2018 | Civil Contractors and Construction |

Australian Governments at all levels recognise that climate change is occurring.  The NSW Government has gone so far as to publish …

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Simplifying construction contract language

12 June 2018 | Civil Contractors and Construction |

Construction law has its own language and each contract is like a dialect of that language.
If you don’t communicate using the …

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2018 Construction projects – three changes to the law you need to know

11 January 2018 | Civil Contractors and Construction |

Three fundamentals of any construction project – building product safety, defects and termination – are set to change under new legislation …

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Security of payment reform – where to from here?

02 February 2016 | Civil Contractors and Construction |

The seemingly endless cycle of changes to security of payment legislation across the country continues.
NSW is once again looking at reforming …

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Quantity Surveyor liability – developer awarded damages for negligent work

13 January 2016 | Civil Contractors and Construction |

Assessing claims during construction can be risky business for quantity surveyors and superintendents.  In the recent matter of LM Investment Management …

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Home warranty insurance – more reforms for a broken system

12 January 2016 | Civil Contractors and Construction |

The Home Building Compensation Fund is once again up for review after the NSW Government determined the current structure is not …

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Home Building Compensation Fund – how to claim

09 April 2015 | Civil Contractors and Construction |

The Home Building Compensation Fund in NSW is designed to protect consumers where their builder dies, disappears or becomes insolvent (Insured …

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How builders can limit their exposure to a claim for defects

07 November 2014 | Civil Contractors and Construction |

A recent decision in the Supreme Court provides guidance for builders as to the ‘dos’ and ‘don’ts’ around defect rectification and …

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NCAT building disputes – can your lawyer represent you?

18 September 2014 | Civil Contractors and Construction |

The NSW Civil and Administrative Tribunal (NCAT) replaced numerous tribunals on 1 January 2014, including the Consumer, Trader and Tenancy Tribunal. …

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The new Security of Payments landscape – critical changes to the NSW Legislation

13 March 2014 | Civil Contractors and Construction |

In response to the Collins Inquiry into Insolvency in the Construction Industry, the Government has passed the most significant amendments to …

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