Articles

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

2019-01-14T11:15:42+00:00 January 14th, 2019|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?

2019-01-14T11:15:30+00:00 January 14th, 2019|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

Security of payment claims and statutory demands – What to look out for during the holidays

2018-12-18T10:02:20+00:00 December 18th, 2018|Commercial & Corporate Advisory, Construction Contracts, Construction disputes, Construction Law, Dispute Resolution, Home Building, Security of Payment|

With the construction shutdown period around the corner, businesses must ensure they have proper procedures for the holidays. Claims made over the Christmas period require prompt response times and a failure to respond to claims under the security of payment legislation or the Corporations Act 2001 (Cth) may have serious and detrimental effects on a

Responding to a payment claim or an adjudication application – jurisdictional differences

2018-12-18T10:03:41+00:00 December 18th, 2018|Construction Contracts, Construction disputes, Construction Law, Dispute Resolution, Security of Payment|

All contractors doing construction work or providing goods or services as part of construction work are entitled to make a progress claim under the security of payment legislation. The security of payment legislation aims to give fair and timely remuneration for construction work, this means that it requires prompt response times. Generally, under the security

Changes to Qld security of payment regime to commence in December

2018-11-13T09:22:00+00:00 November 13th, 2018|Construction Contracts, Construction disputes, Construction Law, Dispute Resolution, Security of Payment|

The Queensland Government has announced the next stage of reforms to the Building Industry Fairness (Security of Payment) Act (Qld) 2017 (BIF Act) will commence on 17 December this year. What are the changes?  These ‘Chapter 3’ changes will significantly change the previous regime under the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA). 

Potential upheaval of security of payment laws in NSW: 6 key changes proposed

2018-11-07T11:51:22+00:00 November 7th, 2018|Construction Contracts, Construction disputes, Construction Law, Dispute Resolution, Home Building, Security of Payment|

Is it back to the future or a brave new world with the latest changes to the security of payment regime in NSW? What’s happened? Earlier this year, NSW Fair Trading released a consultation paper on proposed draft changes to the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) open for

Building Information Modelling (BIM) – what is it and what are the risks?

2018-10-25T17:09:49+00:00 October 25th, 2018|Construction Contracts, Construction disputes, Construction Law, The Future|

Building Information Modelling (BIM) is a model based approach and process for creating and managing information on building and infrastructure projects. The model gives architecture, engineering and construction professionals the insight and tools to plan, design, construct and manage buildings and infrastructure. There are different dimensions to a BIM system. These dimensions refers to the

What do you do when your contract price has been undervalued in the strata building bond and inspections scheme?

2018-10-24T10:22:23+00:00 October 24th, 2018|Construction Contracts, Construction Law, Home Building, Strata Defects|

Under the building bond and inspection scheme (the Scheme) developers will need to lodge a building bond that is 2% of the contract price. The developer will need to lodge the bond to the Department of Finance, Services and Innovation (the Secretary). Unfortunately, this has created an incentive for developers to undervalue the contract price

That wasn’t what I expected: Managing latent conditions for contractors

2018-10-04T10:24:11+00:00 October 4th, 2018|Construction Contracts, Construction disputes, Construction Law, Home Building, Security of Payment|

What are latent conditions? Latent conditions in a construction project refer to those conditions which cannot be identified prior to entering into a contract.  Usually this means the conditions that cannot be identified by review of the relevant project documentation, in other testing or investigations, or during a routine inspection prior to undertaking works. Latent

Variation claims – how to effectively claim

2018-09-10T16:56:48+00:00 September 10th, 2018|Construction Contracts, Construction disputes, Construction Law, Home Building|

Change can appear inevitable, but when it comes to variation claims on a construction project, it can also be costly and confusing for all parties, including contractors, owners and financiers. Morrissey Law + Advisory have prepared an insight into what actually constitutes a variation and the way in which variation claims may be substantiated. What

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