Entries by bradburylegal

Deal or no deal: electronic signatures and contract law

Of the many changes brought by the digital age to the commercial landscape, one that is overlooked is the act of executing a contract. The days of wet-ink signing ceremonies in boardrooms are on the way out, while clicking a computer mouse a few times is fast becoming the norm. This can lead to situations […]

New laws in relation to multi-storey residential strata schemes

On 27 September 2018, the NSW government enacted amendments in relation to residential strata schemes. In introducing the bill, Minister for Innovation and Better Regulation Matt Kean MP said: “Currently more than two million New South Wales residents are working as strata industry professionals or strata owners, or are living in strata-titled townhouses or units.” […]

Security of Payment – More Changes

On 21 November 2018, the NSW government passed the Building and Construction Industry Security of Payment Amendment Act 2018. This will make changes to the security of payment regime, and will take effect when the government announces so in the NSW Government Gazette. So what are the main changes that builders and developers need to […]

Dealing with variations in building contracts

Variations to the scope of works, or variations to the services to be provided, under a construction project are common in the building industry. A variation may be requested by either party or arise out of necessity, for example, due to changes required in legislation or because of a latent condition. When negotiating a variation, […]

The cost of poorly-drafted building contracts

The importance of having in place a written contract is widely accepted in the construction (or any) industry. But are you putting in the time necessary to understand and document your negotiations, so that your rights are properly secured by your building contracts? An unresolved contractual dispute depletes time and resources and has potential to […]

Challenging Adjudication Determinations – some recent guidance

Parties to a commercial building dispute may utilise Security of Payment (SOP) legislation in their jurisdiction to resolve payment claims and recover money owing under a construction contract. Disputes are resolved quickly by an adjudicator and any amount determined as owing must be paid within the statutory timeframe. The determination is enforceable but without prejudice […]

Implied conditions & warranties for home building contracts

Following changes to the Home Building Act 1989 (NSW) in early 2015, the statutory insurance scheme that was established to provide compensation for certain defined losses if a builder dies, becomes insolvent, disappears during a build or fails to comply with a money order from a Court or Tribunal was re-named and is now referred to as […]

Early release of retention money

Most construction contracts allow for a principal or head contractor to require the other contractor or subcontractor to provide a form of security. The purpose is to protect the principal or head contractor from loss should the other party breach the contact or fail to perform its obligations. The simplest form of security constitutes the […]