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

2019-07-16T22:00:55+10:00July 16th, 2019|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?

2019-07-16T17:54:27+10:00July 10th, 2019|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

Interactive Tendering Guidelines – NSW looks to best practice in procurement

2019-07-02T11:35:58+10:00June 19th, 2019|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

2019-07-02T11:35:58+10:00June 14th, 2019|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

Can a Builder’s failure to provide occupation certificate be a breach of contract?

2019-07-02T11:35:58+10:00May 14th, 2019|Commercial & Corporate Advisory, Construction Contracts, Construction disputes, Construction Law, Home Building|

The recent NSW Supreme Court decision in ACN 057 690 034 (Owner) v Mick Wykrota (Builder) saw the Builder in hot water after they failed to produce an occupation certificate. Background In November 2010, the parties entered into a contract for alterations and additions to the Owner’s residence situated on the Hume Highway in Lansvale

SOP Update: 7 Key Changes

2019-07-02T11:35:58+10:00May 13th, 2019|Commercial & Corporate Advisory, Construction Contracts, Construction disputes, Construction Law, Security of Payment|

Amendments to the Building and Construction Industry Security of Payment Act 2018 (NSW) (‘the Act’) passed! So what will change? What’s happened? On 21 November 2018, the NSW Government passed the Building and Construction Industry Security of Payment Amendment Bill 2018 (‘the Amendment Act’). The SOP Act ensures that contractors, subcontractors or any other persons

Law of Agency

2019-07-02T11:35:58+10:00May 8th, 2019|Commercial & Corporate Advisory, Construction Contracts, Construction Law, General Counsel Services, Home Building|

Agency is a complex area of law that can affect parties across contracts and industries – from major construction projects with superintendents through to manufacturing and distribution. A broad definition of agency is when one party (the principal) grants another party (the agent) authority to act on behalf of the principal to deal with a

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

2019-07-02T11:35:59+10:00March 20th, 2019|Commercial & Corporate Advisory, Construction Law, News|

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

2019-07-02T11:35:59+10:00March 3rd, 2019|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

Casual conversion – what is it and are you prepared for the new changes?

2019-07-02T11:35:59+10:00December 20th, 2018|Commercial & Corporate Advisory|

The Fair Work Commission (FWC) has inserted a modern conversion clause from 1 October 2018 to more than 85 modern awards. This follows the FWC’s landmark ruling in July 2017 to provide certain casual employees with the right to request a conversion from casual employment to permanent employment.[1] What does this mean? The inclusion of

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