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
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: 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