Latest Updates

Our recent legal updates are listed below.

Contract Issues

Quantum meruit claims and wrongful termination of a building contract

A building contractor may make a quantum meruit claim seeking…

What are defects and how does a defects liability period work?

Every builder dreams of the perfect build without so much as…

The devil with no detail: rectification of mistakes in contracts

In contract law, words used in a written instrument are powerful,…

Giving Security in Construction Contracts

It is not uncommon in construction contracts for a principal…

Liquidated damages in construction contracts and the dangers of penalty

The inclusion of a liquidated damages clause in construction…

Employees, independent contractors and ‘shams’ in the construction industry

It is common for builders and operators in the construction industry…

Security of Payment

I Fought the Law and I Won: construction contracts under SOPA

The New South Wales Supreme Court has delivered a judgment on…

Errors in Security of Payment: does one bad apple spoil the barrel?

The Security of Payment regime is infamously inflexible and technical,…

A sunshine state for subcontractors: Queensland security of payment reforms

The security of payment landscape has changed dramatically in…

Security of payment: no work, no pay

Participants in the commercial building industry generally rely…

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

Security of payment legislation continues to receive significant…

The Fantastic Fourth: another NSW Security of Payment amendment

On 21 November 2018, the NSW Houses of Parliament passed the…

Construction Regulation

Builders licensing requirements – who is a “fit and proper person”?

Entry into various professions usually requires that a person…

Fire in the sky: Lacrosse building consultants found liable for cladding

A Frenchman lights a midnight cigarette on his balcony in Melbourne.…

New laws in relation to multi-storey residential strata schemes

On 27 September 2018, the NSW government enacted amendments in…

Greater regulation of buildings using external combustible cladding

Recent disasters befalling high-rise buildings locally and overseas…

Commercial Issues

The benefits of mediation in a commercial dispute

The popular image of a lawyer is a person keen on prolonging…

Different options for resolving building disputes

A building dispute can have serious implications for all parties…

The dreaded ACL injury: the Australian Consumer Law and building contracts

Since it fully came into effect on 1 January 2011, the Australian…

The role of an expert witness in a building dispute

If you are involved in a domestic building dispute, whether as…

Protecting your plans: intellectual property basics for architects

Architectural designs and plans are a valuable commodity in the…

The Modern Slavery Acts: what businesses need to know

After much discussion, the Australian government has followed…

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