Latest Updates

Our recent legal updates are listed below.

Contract Issues

See more! The superintendent and the principal

To those working at building sites, the term “superintendent”…

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…

Security of Payment

Changes coming in October 2019

As we have covered in a previous article (see here), 2019 is…

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…

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…