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Disputing a Final Certificate: Does the Contractor Still Need to Pay?

The Situation: Most construction contracts, including AS4000 and AS2124, stipulate that a final certificate is issued following completion of the work, stating the final amount payable between the parties. The Development:...more

Construction Contracts: When Is Industry Best Practice Not Good Enough?

The Situation: A recent ruling in MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited by the UK Supreme Court gives guidance on construction contracts where the contractor undertakes both to deliver a...more

The Importance of Strictly Complying with Notice Requirements on Australian Projects

The Situation: Australian courts have regularly maintained that contractors must strictly comply with any express conditions for extra time or money under construction contracts, including conditions requiring written notice...more

Updated New South Wales PPP Guidelines Reduce Bid Costs and Increase Efficiency

The Situation: The New South Wales ("NSW") State Government recently released an update to its NSW Public Private Partnership Guidelines. The Guidelines are used by NSW Government Agencies in procuring projects through a...more

Australia Raises Capital Gains Withholding Rate for Foreign Residents in Real Estate Transactions

The Australian Commonwealth Government first introduced foreign resident capital gains withholding payments in July 2016 at a rate of 10 percent, in response to issues in collecting tax from foreign resident sellers and...more

Further Update on Federal Taxation - Australian Infrastructure Investment and Privatisation

Last month, we reported in our White Paper on taxation proposals directed at infrastructure and utility privatisation transactions. Since we wrote, the Commonwealth Treasury ("Treasury") has published a policy paper directed...more

Australian Infrastructure Investment and Privatisation Update: Federal Taxation on the Agenda

At the end of January 2017, the Australian Taxation Office ("ATO") updated its draft of the Privatisation and Infrastructure—Australian Federal Tax Framework ("Framework") and issued a Taxpayer Alert TA 2017/1 on stapled...more

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