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Building & Construction Industry (Security of Payment) Bill (WA)

February 25th, 2021|Categories: Construction Contracts, Construction Law, Security of Payment|Tags: , , , , |

On 23 September 2020, the Attorney General, Minister Quigley introduced the Building and Construction Industry (Security of Payment) Bill 2002 (WA) (the Bill) into Parliament. If the Bill is adopted, it will replace the Construction Contracts Act 2004 (WA) (the CCA) and provide a new Act for securing payment under construction contracts in the building

Case Analysis – Contentious Adjudication Applications under the spotlight in Acciona v Holcim

November 9th, 2020|Categories: Construction Contracts, Construction Disputes, Construction Law, Security of Payment|

The Supreme Court of NSW recently made orders quashing a $2.9m adjudication determination issued under the SOP Act in Acciona v Holcim relating to the Sydney Light Rail Project. The decision reiterates the importance of procedural fairness in Adjudication Applications under the SOP Act, and is a reminder for parties to ensure that the applications,

The Other Big ‘C’ – Tips to Progress Cladding Projects During Covid-19 Disruption

November 6th, 2020|Categories: Commercial & Corporate Advisory, Construction Contracts, Construction Law, Coronavirus COVID-19|

As Covid-19 continues to disrupt the building and construction industry, it is important to remember the other big 'C' - Cladding. Failing to crack on with cladding projects may come back to haunt parties impacted by cladding in the future. Here we have three tips to help progress cladding projects and decrease the risk of

First Ever National Construction Industry Charter launched by the ACA

October 25th, 2020|Categories: Construction Contracts, Construction Disputes, Construction Law, News|

On 12 October 2020, the Australian Constructors Association (ACA) launched a ground-breaking Australian Construction Industry Charter (“Charter”) which is intended to be the driving force to ensure that stimulus projects are delivered efficiently and that their benefit is maximised across Australia. The Charter consists of ten commitments to reform the industry which have been developed

Are you entitled to redundancy pay if your employer loses a service contract?

September 29th, 2020|Categories: Commercial & Corporate Advisory, Coronavirus COVID-19, Employment Law|

The Federal Court has held the employees who had been terminated due to their employer using service contracts were entitled to redundancy pay in a recent case.   The Case: Berkeley Challenge Pty Ltd v United Voice [2020] FCAFA 113 The Court: Federal Court of Australia Full Court The Act: Fair Work Act (Cth) 2009

Builders Beware of Nominal Liquidated Damages for Residential Building Works

September 29th, 2020|Categories: Construction Contracts, Construction Disputes, Construction Law, Home Building|

Let’s start by going back to basics…what are liquidated damages? Liquidated damages are a pre-agreed sum payable as compensation for loss arising from a breach of contract. In construction contracts, the best-known example is liquidated damages for failure to complete the works on time. The specified sum will usually be payable each day from when

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