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SOP Reform: Statutory Trusts – will they Help or Hurt?

July 19th, 2019|Categories: Construction Contracts, Construction Law, News, Security of Payment|

As part of the reform process for the Building and Construction Industry Security of Payment legislation, the NSW Government is calling for industry input as they assess the feasability of introducing statutory trusts as a means to better protect subcontractors from contractor insolvency and the many far-reaching consequences. The building and construction industry experiences the highest

Collaborative Contracts in Construction: What are they, and when should they be used?

July 16th, 2019|Categories: Commercial & Corporate Advisory, Construction Contracts, General Counsel Services, Legal Project Management, The Future, Uncategorized|

Collaborative contracting is increasing in popularity for project delivery in Australia. So what does it actually mean, and when is a collaborative contract appropriate? The idea behind collaborative contracts is to give all parties the incentive to see a project succeed. In order to do this, they are designed to combat the negative commercial incentives

NSW Construction Leadership Group: What is it? And what does it do?

July 10th, 2019|Categories: Commercial & Corporate Advisory, Construction Contracts, Construction Law, News, The Future|

The NSW Construction Leadership Group (the ‘CLG’) is a government body led by Infrastructure NSW. The CLG was established to promote innovation and reform throughout the development, procurement and delivery of government projects. The NSW government recognises the importance of the public-private partnership in achieving the State’s infrastructure goals. Accordingly, the CLG oversees the "Ten

NSW Government calls for further submissions in response to Shergold Weir Building Confidence Report

June 28th, 2019|Categories: Construction Law, Home Building, News, Strata Defects|

The NSW Government has released their second response to the Shergold Weir Building Confidence Report (Report) in the midst of the second high profile apartment defect issue, Mascot Towers, and is calling for further submissions. The NSW Government responded to the 2018 report some 6 weeks after the Opal Towers fiasco. It appears the Mascot

Interactive Tendering Guidelines – NSW looks to best practice in procurement

June 19th, 2019|Categories: Commercial & Corporate Advisory, Construction Contracts, Construction Law, News|

In May 2019, the NSW government published the draft Interactive Tendering Guidelines. They were prepared for the Construction Leadership Group (CLG) to inform both government and industry professionals of the best practices for interactive tendering. The interactive tendering guidelines aim to optimise the procurement process within NSW. The essentials of the proposed Guidelines are outlined

SOP Update: June 2019

June 14th, 2019|Categories: Commercial & Corporate Advisory, Construction Contracts, Construction Law, News, Security of Payment|

Amendments to the Building and Construction Industry (Security of Payment) Act 1999 (NSW) (Act) were passed by both houses of parliament in November 2018.  The NSW Government has finally released its proposed amendments to the Security of Payment regulations for public consultation (Proposed Amendments). In our May SOP update we outlined the 7 key changes

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