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), […]
Personalised legal services for the property, development and construction industries. We work to understand your business and tailor our services to suit your particular needs. It’s our aim to add value and experience to ensure that you can resolve your legal issues with confidence.
Entries by bradburylegal
The recent Supreme Court decision in Champion Homes Sales Pty Limited v DCT Projects Pty Limited  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 […]
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 […]
A payment claim may not be valid (for the purposes of the Security of Payment Act (“SOP Act”) in NSW) if it is issued after termination of a construction contract. Whether or not a payment claim is valid will depend on whether the contract provides for a ‘reference date’ to make payment claims and, if […]
The Supreme Court has determined that a payment claim is not validly served in accordance with the Building and Construction Industry Security of Payment Act 1999 (NSW) (“Act”) if it is not accompanied by a supporting statement from a head contractor. The decision in Kitchen Xchange v Formacon Building Services clarifies the effect of non-compliance […]
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 […]