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Construction snapshot: What is the Design and Building Practitioner Bill 2019?

November 12th, 2019|Categories: Commercial & Corporate Advisory, Construction Law, Dispute Resolution, News|

The construction industry in NSW is on the verge of a significant shake-up as the NSW Government looks to reform and expand legislative oversight the design and build of mutli-storey and unit developments. The NSW Government has released the first draft of the Design and Building Practitioners Bill 2019 (the Bill). The Bill is in

Assignment Vs Novation: What is the Difference?

November 5th, 2019|Categories: Commercial & Corporate Advisory, Construction Contracts|

Contractual rights and obligations are everywhere when engaging in business and commercial relationships and help to dictate the manner in which parties conduct and protect themselves.  So what happens when you need those rights and obligations transferred to a third party? When should those rights be ‘assigned’, and when should those rights be ‘novated’. Morrissey

Payment Schedules – The devil is still in the detail

October 28th, 2019|Categories: Commercial & Corporate Advisory, Construction Contracts, Construction disputes, Construction Law, Security of Payment|

The NSW Court of Appeal’s recent decision in Style Timber Floor Pty Ltd v Krivosudsky[1] provides an important reminder of the need for payment schedules to clearly outline the reasons for withholding payment. For a general insight into preparing payment schedules, please check out our previous article, Payment Schedules – 6 Steps for Responding to

Oral Variations in NSW Residential Building Works following Mann v Paterson

October 18th, 2019|Categories: Construction Contracts, Construction disputes, Construction Law, News|

As reported in our casenote, the High Court of Australia has recently ruled on the limited availability of a claim in restitution, following termination of a contract to which the Domestic Building Contracts Act 1995 (Vic) applied. We are yet to see the implications for oral variations performed by NSW residential builders in Court and

The time has come! SOP Changes take effect 21 October 2019

October 17th, 2019|Categories: Construction Contracts, Construction Law, News, Security of Payment|

It seems like forever since the NSW Government passed the amendments to the Security of Payment Act in November of 2018, but the time has finally arrived and the changes will be coming into effect for all construction contracts entered into on or after the 21st October 2019. The Act: Building and Construction Industry Security

High Court Rules on the Availability of Quantum Meruit After the Termination of a Building Contract

October 16th, 2019|Categories: Construction Contracts, Construction disputes, Construction Law, News|

The High Court has allowed an appeal from a judgment of the Court of Appeal of the Supreme Court of Victoria concerning the amount of remuneration a Builder is entitled to for work and labour done under a contract to which the Domestic Building Contracts Act 1995 (Vic) ("the Act") applied. Even though the case

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