Blog 2019-04-10T12:42:08+10:00

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High Court to determine whether an awarded sum under a quantum meruit claim can exceed the contract price

April 10th, 2019|Categories: Construction Contracts, Construction disputes, Construction Law, Home Building, Uncategorized|

The Manns (‘the Owners’) entered into a domestic building contract with Paterson Constructions Ltd Pty (‘the Builder’) for the construction of two double-storey townhouses for the sum of $916,779.00 (including GST). The Builder completed the construction of the first unit approximately four months after the date of practical completion. The owners sought to terminate the

‘Shake-Up’ for the Building & Construction Industry with ‘cowboy’ certifiers in the sights of legislative changes

March 20th, 2019|Categories: Commercial & Corporate Advisory, Construction Law, News|Tags: |

Minister for Better Regulation Matt Kean has vowed to crackdown on ‘cowboy’ certifiers following the evacuation of Sydney Olympic Park’s Opal Tower on Christmas Eve. Residents of the 36-storey building were forced to evacuate due to fears of the structural integrity following ‘cracking sounds’ and the collapse of a concrete panel. The building has since

Tightening the Chain of Responsibility: Changes to the Heavy Vehicle National Laws

March 3rd, 2019|Categories: Commercial & Corporate Advisory, General Counsel Services|

On 1 October 2018, changes to the Chain of Responsibility (CoR) laws were introduced. The changes sought to put an emphasis on the accountability and responsibility for breaches of the Heavy Vehicle National Law and Regulations (HVNL). Under CoR laws, if you are named as a party in the CoR and exercise, or are capable

Negative variations in Construction Contracts – What do you need to know about them?

February 21st, 2019|Categories: Construction Contracts, Construction disputes, Construction Law, Home Building, Security of Payment|

Change is the only constant in life, and that’s certainly the case on construction projects. Generally, under a construction contract the principal will have the ability to order a variation to the scope of works. However, variations aren’t limited to increasing or adjusting the scope of works.  In the event the principal wants to reduce

Opinion: Opal tower – a catalyst for change or merely a crack in the concrete?

January 14th, 2019|Categories: Construction Contracts, Construction disputes, Construction Law, Home Building, Strata Defects|

Opinion by Hamish Geddes What happened (if you weren’t aware) For developer Australia Avenue (Ecove) and Icon Constructions (Icon), Christmas was certainly not a welcome end to what was one of the busiest years in the Australian construction industry. On 24 December 2018, what appeared to be a large crack in the internal plasterboard lining

When will you need to engage a quantity surveyor in your strata scheme?

January 14th, 2019|Categories: Construction Contracts, Construction disputes, Construction Law, Home Building, Strata Defects|

Under the building bond and inspection scheme (the Scheme) developers need to lodge a building bond that is equal to 2% of the contract price for any residential development that is greater than 4 storeys high. The bond will need to be lodged with the Department of Finance, Services and Innovation (the Secretary). For more

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