Entries by bradburylegal

The importance of unequivocal termination of construction contracts in the eyes of Security of Payment legislation

A series of recent NSW Supreme Court decisions have highlighted just how important timing can be when it comes to constructions contracts and their termination.  The court has confirmed that where the relevant construction contract includes a reference date (as contemplated by section 8(2) of the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act), […]

Time is money – the importance of drafting and contract administration

The recent Supreme Court decision in Champion Homes Sales Pty Limited v DCT Projects Pty Limited [2015] NSWSC 616 provides a timely reminder of the importance of contract drafting and administration, particularly in respect of extension of time claims and liquidated damages. Extensions of time Ordinarily, a construction contract will set out a clear regime for a builder […]

The end of the road for retention moneys on large projects?

Head contractors who enter into construction contracts with subcontractors after 1 May 2015 on projects with a value of more than $20 million must hold retention money retained as security in a retention money trust account. The introduction of retention money trust accounts arises out of the Building and Construction Industry Security of Payment Amendment (Retention Money Trust […]

Amendments to Queensland legislation

Amendments to the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) came into force on 26 September 2014 and will have a significant impact on how payment claims are made, managed and adjudicated in Queensland. Some of the key amendments to be aware of: Appointment of adjudicators One of the more interesting amendments relates to the […]