Entries by bradburylegal

Prevailing in a “Battle of the Forms”

Late last year Bradbury Legal was successful in representing its client in the case of Samios Plumbing Pty Ltd v John R Keith (QLD) Pty Ltd [2019] QDC 237 (29 November 2019). The case related to a “Battle of the Forms” where the Court found that our client’s terms and conditions governed the relationship between […]

ADR Processes

  ADR Processes: What are they and how do they work?   In many construction contracts, it is common to have a clause that deals with the process the parties will go through if a dispute arises. These clauses attempt to provide an alternative dispute resolution (ADR) process to litigating over every dispute that arises. […]

CHANGE HAS ARRIVED

Amendments to the Building and Construction Industry Security of Payment Act are finally in force Late last month changes to the Building and Construction Industry Security of Payment Act 1999 (Act)’ (‘the Act’) came into effect under the Building and Construction Industry Security of Payment Amendment Act 2018 (‘the amendments’), passed in November 2018. The […]

See more! The superintendent and the principal

To those working at building sites, the term “superintendent” may seem as familiar and self-explanatory as “extension of time” or “practical completion”. However, when disputes arise fine distinctions become important. Even experienced builders, just like experienced judges, have trouble working out what the superintendent is required to do in contentious times. This is because the […]

Changes coming in October 2019

As we have covered in a previous article (see here), 2019 is the year of change for NSW’s security of payment legislation. In November 2018, the NSW Government passed the Building and Construction Industry Security of Payment Amendment Act 2018, which introduces significant amendments to the Building and Construction Industry Security of Payment Act 1999 […]