The Situation: For over a decade, all Australian jurisdictions have had in place security of payment ("SOP") legislation—statutory regimes providing for the submission and payment of progress claims, and resolution of payment...more
The Situation: Construction disputes face unique challenges in addition to those faced in other types of commercial disputes. Parties often agree to adopt independent expert determination as a means of managing these...more
The security of payment regime in Queensland has undergone significant reform in recent years. Since the introduction of the Building Industry Fairness (Security of Payment) Act 2017 (Qld), the regime has remained the subject...more
11/9/2020
/ Amended Legislation ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Terms ,
Contractors ,
General Contractors ,
Payment Schedules ,
Payment Terms ,
Subcontractors ,
Trusts
Australia-wide, companies are navigating the uncertainties arising from COVID-19. Our previous White Papers identified the risks arising for construction projects and observed that the fallout is likely to give rise to...more
On October 21, 2019, significant changes to New South Wales ("NSW") security of payment laws come into effect with the commencement of the Building and Construction Industry Security of Payment Amendment Act 2018 and...more
The Situation: Statutory adjudications continue to be deployed readily on projects in the construction and engineering fields.
The Result: There have been a host of cases on the operation and scope of such adjudications in...more
Since late last year, there have been several major decisions from Australia's highest courts on important issues for stakeholders in the construction, mining and infrastructure industries. Below, we provide a summary. Some...more
6/15/2017
/ Appeals ,
Appellate Jurisdiction ,
Appellate Review ,
Assignments ,
Australia ,
Cause of Action Accrual ,
Conditions of Payment ,
Construction Contracts ,
Construction Defects ,
Construction Industry ,
Contract Terms ,
Error At Law ,
High Court of Australia ,
Infrastructure ,
Insolvency ,
International Construction Projects ,
Joint Venture ,
Leave to Appeal ,
Liquidation ,
Payment Terms