The changes to the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act) commence on 21 October 2019. The long awaited changes seek to improve the flow of payments to subcontractors and clarify the...more
On 12 February 2019 the NSW Court of Appeal upheld an appeal by Seymour Whyte Constructions Pty Ltd (Seymour Whyte), represented by K&L Gates, relating to proceedings concerning a claim for a substantial progress payment...more
The Queensland Government recently announced that the adjudication reforms under Parts 2, 3 and 4 of the Building Industry Fairness (Security of Payment) Act 2017 (QLD) (QLD SOP Act) have commenced as of 17 December 2018. ...more
Originally published in Australian Construction Law Bulletin Volume 27 No 8 to 9 from page 126.
1. Introduction -
Although Australian construction contracts quite commonly provide for design life warranties in...more
The Building and Construction Industry Security of Payment Amendment (Retention Money Trust Account) Regulation 2015 (Retention Money Regulation) commenced on 1 May 2015 and brought into effect important requirements for head...more
The High Court has held that a builder of a serviced apartment complex does not owe a duty of care in negligence for financial loss arising from defects in common property to an owner's corporation (Brookfield...more
The recent NSW Supreme Court case of Seabreeze Manly v Toposu, (Seabreeze Case), is a useful reminder to the building and construction industry as to what 'arrangements' will give rise to a 'construction contract' under the...more
The Industry and Current Legislation -
The NSW building and construction industry (the Industry) is plagued by a high level of insolvencies. In the 2012 financial year, almost 25% of the external administrations...more