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Surety Bonds vs Bank Guarantees: Understanding the pros & cons

18 September 2020 | Construction & Infrastructure |

COVID is having a significant braking effect on the economy and construction contractors are not immune. 
Depending on jurisdiction, contractors may already …

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The Eternal ‘Battle of Forms’ – Purchase Orders v Quotations

25 June 2020 | Construction & Infrastructure |

A constant problem in construction and procurement is parties arguing about whose terms apply when both have issued their standard terms.  …

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An interview with Levi Gardner from CRE Insurance

23 June 2020 | Construction & Infrastructure |

In an interview with Levi Gardner from CRE Insurance, Simon Forsteling discusss whether current policies held by or readily available to builders and designers are likely to meet insurance requirements of the Design and Building Practitioners Bill 2019.

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Bolstering Consumer Confidence – the practicalities of the Design and Building Practitioners Bill 2019

16 June 2020 | Construction & Infrastructure |

The Design and Building Practitioners Bill (the Bill) has now been passed as of 3 June 2020 and assented on 11 June 2020. An overview of the major reforms introduced by the Bill were discussed in our previous article here. This article digs deeper into the detail of the Bill, and looks at some of the more practical implications on builders and designers.

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Time and Delay Costs for Provisional Sum ‘Blow-Outs’

20 May 2020 | Construction & Infrastructure |

There is a concerning trend in modern construction contracts to use the provisional sum mechanism as a buffer which can be drawn on to cover variations without impacting the contract sum, or for scope items for which there is a lack of design/engineering detail.

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6 Steps to handle construction project delays as a result of COVID-19

25 March 2020 | Construction & Infrastructure |

The impacts of the COVID-19 virus on supply chains, site shutdowns and labour shortages are already deeply affecting the construction sector.  …

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Can a Principal be liable for Wet Weather Season costs?

20 March 2020 | Construction & Infrastructure |

Update: Click here to view this artictle as published in the Australian Construction Law Newsletter 
In the tropics, we get “the wet …

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NSW Security of payment changes – what you need to know.

24 September 2019 | Civil Contractors and Construction |

Is your civil construction business ready for the new security of payment reforms? You have until 21 October 2019 to get organised.

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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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Two essentials for improving construction contract claims

15 January 2018 | Construction & Infrastructure |

By Simon Forsterling | Nexus Law Group Principal – Sydney
In the example below, there are two essential changes from the original to the …

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6 tips for construction contract review

26 September 2017 | Construction & Infrastructure |

One of the things that I most enjoy about my job, is reading construction contracts. They provide an immediate insight into …

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Commercially sensible contracting

05 June 2017 | Construction & Infrastructure |

“Sure, I can run your contract negotiations for you, but what I’d really like is for you to feel comfortable knowing …

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