Reference dates for payment claims invol....

Reference dates for payment claims invol....

Jul 1, 2020

Are draft claim regimes void in NSW? It is not uncommon for a contract to set out a regime for progress payments which requires the builder to provide a “draft” of its progress claim for consideration before a “formal” claim for progress payment is provided. Those...
Court paves way for pre-emptive injuncti....

Court paves way for pre-emptive injuncti....

Apr 20, 2020

On 17 April 2020, the Supreme Court delivered judgment in Grocon (Belgrave St) Developer v Construction Profile [2020] NSWSC 409.  The judgment paves the way for pre-emptive applications to restrain a claimant from using the Building and Construction Industry Security...

5 ways builders can increase profit by m....

Feb 20, 2020

As part of our membership of the Master Builders’ Association, our Construction + Projects team regularly contribute to the education and training of the construction industry. Recently, Mark Yum was invited by the St George division of the MBA to present to the...

What is a “Construction Contract....

Oct 16, 2019

New definition of a “section 4 arrangement”? In the judgment of Lendlease Engineering Pty Ltd v Timecon Pty Ltd [2019] NSWSC 685, the New South Wales Supreme Court considered the interpretation of section 4 of the Building and Construction Industry Security of Payment...

Enforcement of statutory debt under sect....

Sep 18, 2019

Introduction This article discusses the judgments in disputes known as A-Tech Australia v Top Pacific Constructions Australia which illustrate how the brutally short deadlines under the Act spill over into litigation where it is critically important for litigants to...