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Australia Construction Industry

White & Case LLP

Constructing the low-carbon economy

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With an unprecedented momentum for the construction of new major projects linked to the shift away from fossil fuels and the development of a low-carbon economy, there is a real focus on construction law issues relevant to...more

Vinson & Elkins LLP

The AUKUS Partnership: What it Means for the Engineering, Construction and Manufacturing Industries in Australia, the UK and the...

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The AUKUS pact has geopolitical significance, including with respect to the strategic advantages it may offer Australia’s navy in the Indo-Pacific region, particularly in the South China Sea and Taiwan Strait. Questions have...more

K&L Gates LLP

WA Regulation of Performance Security in Contracts

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All participants in the construction industry should be aware of legislative provisions that apply to performance security in more recent construction contracts for projects in Western Australia. The changes create new...more

Venable LLP

New U.S. Sanctions Target Russia's Industrial Base, Additional Financial Institutions, and Technology Suppliers

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Since the outset of the Russian aggression in Ukraine, the Biden administration has issued incremental sanctions targeting various sectors of the Russian economy, aimed at curbing Russia's ability to wage war against Ukraine....more

Jones Day

Pay Now, Argue Later—Even if the Contractor is Going Bust: The NSW Security of Payment Regime and Distressed Contractors

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In Short - The Situation: Security of payment ("SOP") legislation across Australia provides a "pay now, argue later" regime for payment claims by contractors in the construction industry. The legislation expressly...more

Jones Day

No Exceptions to Procedural Requirements Under Australia's Security of Payments Legislation

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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

Jones Day

An Update on Insolvency in the Australian Construction Industry

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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

K&L Gates LLP

Western Australia Set for Commencement of New Progress Payment Regime Under the Building and Construction Industry (Security of...

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Commencing from 1 August 2022, Western Australia will adopt a new statutory progress payment regime under the Building and Construction Industry (Security of Payment Act) 2021 (WA) (WA SOP Act). The WA SOP Act will change...more

Jones Day

Bank Guarantees in Australia: As Good as Cash?

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In Short - The Situation: The recent decision in Lanskey Constructions Pty Ltd v Westrac Pty Ltd [2022] WASC 90 involved an application by a contractor for injunctive relief in relation to a call on its security. The case...more

White & Case LLP

Managing construction risks in Asia-Pacific: Australia

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Australia is a highly advanced mixed economy, but investors – often drawn to the country's economic stability and resilience – should be aware of certain clauses that typically appear in construction contracts. Australia...more

Jones Day

Western Australia Proposes Building and Construction Industry (Security of Payment) Bill 2020

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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

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – June 2020: Coronavirus & Construction Contracts - Causation, Force...

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Large construction projects, by their very nature, carry significant commercial and financial risk for the parties involved. Contributing to this overall risk is the reality that an act of nature or other circumstance beyond...more

K&L Gates LLP

Changes to the Security of Payment Act Commence Today – Are you Ready?

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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

White & Case LLP

High Court of Australia clarifies the availability of the remedy of restitution on a ‘quantum meruit’ basis

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a) On 9 October 2019, in the judgement of Mann v Paterson Constructions Pty Ltd [2019] HCA 32 (Mann), the High Court of Australia clarified the ability for contractors to claim on a quantum meruit basis....more

White & Case LLP

'Common Law Common Sense' delay analysis

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In White Constructions Pty Ltd v PBS Holdings Pty Ltd [2019] NSWSC 1166 the Supreme Court of New South Wales, Australia, rejected both parties' expert delay analysis and the methodologies on which they were based, holding...more

White & Case LLP

Construction contracts: "No damage for delay" clause enforced

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In a recent case, the Federal Court of Australia confirmed that it will enforce a "no damage for delay" clause, including when delay occurs as a result of a variation under a contract....more

K&L Gates LLP

NSW Court of Appeal Quashes Ostwald's Adjudication Determination and Holds That Façade Continues to be 'Plainly Wrong'

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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

K&L Gates LLP

Breathing Room for Claimants – Adjudication Reforms go Live Under the QLD SOP Act

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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

K&L Gates LLP

New Planning Framework for the Western Sydney Aerotropolis

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The NSW Government has played its hand in setting out the priorities for the proposed development of the Western Sydney Aerotropolis by releasing the draft Stage 1 Land Use and Infrastructure Implementation Plan (Draft Stage...more

Jones Day

The End of the "Deemed Liability" Adjudication in Western Australia

Jones Day on

The Problem: The Construction Contracts Act 2004 (WA) contains a number of provisions that are to be implied into construction contracts that are silent as to those matters. These implied terms have been a steady source of...more

Jones Day

Recent Project Dispute Cases in Australia

Jones Day on

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

Jones Day

Australia: Adjudicators’ Security of Payment Determinations Not Reviewable for Errors of Law

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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

K&L Gates LLP

Navigating the Insolvency Reforms - Impending Changes to Contractual Termination Rights

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Last year the government introduced the most significant reforms to Australia's insolvency regime for over three decades. Among other changes, reforms that will come into effect on 1 July this year (or earlier by...more

K&L Gates LLP

The High Court Weighs in on Adjudication Determinations - Errors of Law Are Not Reviewable

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The High Court has unanimously confirmed in the decision of Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 (Probuild) that Courts do not have the power to review adjudication determinations made...more

Seyfarth Shaw LLP

Big Issues Impacting Workplaces In 2018

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Social, technological and economic forces impacting the workplace will continue to pose challenges for employers, employees, unions, policy makers and regulators in 2018....more

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