Entries by bradburylegal

The benefits of mediation in a commercial dispute

The popular image of a lawyer is a person keen on prolonging an expensive court action. More often the opposite is true. Lawyers know that court cases are expensive and that clients are fearful that legal costs could escalate to an intolerable level. They are also all too aware of how long and unpredictable litigation […]

Different options for resolving building disputes

A building dispute can have serious implications for all parties involved, the most obvious being delays to the construction project and the resulting financial loss. A dispute may arise from disagreements over the interpretation of a contract term, incomplete or defective works, variations to the scope of works, or charges for prime cost items and […]

Security of payment: no work, no pay

Participants in the commercial building industry generally rely on security of payment legislation to resolve payment disputes. As a preliminary means of recovering money under a construction contract, those in the industry are usually keen to hear of developments regarding a court’s interpretation of the legislative provisions. Shape Australia Pty Ltd v The Nuance Group […]

Does a payment claim survive the termination of a contract for convenience?

Security of payment legislation continues to receive significant attention across Australia’s building and construction landscape, with many cases being deconstructed to shed light on a court’s interpretation of various provisions. Impero Pacific Group Pty Ltd v Bonheur Holdings Pty Ltd [2019] NSWSC 286 recently established that, despite a construction contract being terminated for convenience, a […]