The construction sector in Australia has long been affected by insolvency and broader liquidity issues. In the last year, construction companies accounted for 26% of businesses that entered into insolvency, and insolvencies...more
The Western Australian government has sought industry comment on a suite of significant proposed reforms to the WA security of payment regime ("SOP"). If passed, the Bill represents the most significant reform to the...more
8/14/2020
/ Australia ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Drafting ,
Contract Terms ,
Coronavirus/COVID-19 ,
Dispute Resolution ,
International Litigation ,
Notice Requirements ,
Proposed Amendments
[co-author: Juan Huertas]
Even as the world gradually eases out of lockdown, deals are rekindled and services are remobilized, no one doubts that the impact of the pandemic will continue to be felt for months and, some...more
6/26/2020
/ Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Disputes ,
Contract Terms ,
Coronavirus/COVID-19 ,
Force Majeure Clause ,
General Contractors ,
Infrastructure ,
Performance Standards ,
Subcontractors
It is becoming increasingly clear that the impact of the pandemic will continue to be felt once lockdown measures are relaxed and goods and services are remobilized and deals are rekindled. In addition, many governments are...more
The Situation: Australian courts have struggled with balancing the broad statutory protections afforded to consumers and businesses whilst giving effect to the contractual bargains of well-advised, sophisticated commercial...more
8/7/2018
/ Australia ,
Australian Consumer Law ,
Cause of Action Accrual ,
Construction Contracts ,
Damage Caps ,
Notice Requirements ,
Public Policy ,
Statutory Rights ,
Supreme Court of New South Wales ,
Time-Barred Claims ,
Victorian Supreme Court
The Situation: The High Court of Australia has, for the first time, confirmed that determinations by adjudicators appointed under security of payment legislation are not reviewable for errors of law alone.
The Result: The...more
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
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