Articles

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

Major upheavals proposed for NSW security of payment laws

2018-08-29T09:29:12+00:00 August 29th, 2018|Construction Contracts, Construction disputes, Construction Law, Dispute Resolution, Home Building, Security of Payment|

The NSW Government has proposed a number of significant changes to the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) through a bill[1] publicly released on 22 August 2018. There are proposed reforms to the SOP Act and also the associated regulations[2]. In this article we have identified 10 key proposed

Developers defect bonds for strata buildings?

2018-09-10T10:19:32+00:00 August 23rd, 2018|Construction Contracts, Construction disputes, Construction Law, Home Building, Strata Defects, Uncategorized|

NSW Government to increase penalties for developers failing to comply with the developer defect bond obligations Developer defect bonds have only been required for 7 months, however, already changes to the law and strengthening their penalties is being discussed. The NSW Government introduced the Strata Schemes Management Amendment (Building Defect Schemes) Bill 2018 (NSW) on

Inspection Reports on Strata Schemes, what you need to know

2018-09-10T10:19:41+00:00 August 15th, 2018|Construction Contracts, Construction disputes, Construction Law, Home Building, Strata Defects|

The recent amendments to the Strata Scheme Management Act 2015 (NSW) (the Act) may have significant impacts to builders, developers and owner corporations. The Act replaced the Strata Scheme Management Act 1996 and applies where a developer and a builder has entered into a contract from 1 January 2018. When does the Act apply? The

The new ipso facto regime and what it means for your contract

2018-08-13T18:30:32+00:00 August 13th, 2018|Commercial & Corporate Advisory, Construction Contracts, General Counsel Services|

As part of the Federal Government’s reforms to Australia’s insolvency laws under the National Innovation Science Agenda (Agenda) to promote entrepreneurship and encourage innovation, a new ipso facto stay regime became applicable to contracts from 1 July 2018. A link to our previous article on this topic can be found here. The ipso facto regime

Insolvency no escape from security of payment legislation

2018-08-07T12:30:44+00:00 August 7th, 2018|Construction Contracts, Construction disputes, Construction Law, Dispute Resolution, Security of Payment|

The New South Wales Supreme Court, in Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (in liq) [2018] NSWSC 412, has confirmed that insolvent claimants can rely on the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) to recover outstanding payments. The decision Ostwald Bros Pty Ltd (Ostwald) was

Security of Payment –  Morrissey Law + Advisory’s Guide to Adjudication

2018-08-03T12:05:38+00:00 August 3rd, 2018|Construction Contracts, Construction Law, Dispute Resolution, Security of Payment|

What is adjudication? Adjudication is a dispute resolution process set up specifically to resolve disputes around payments in the construction industry. It was designed with an intention to facilitate cash flow in the construction industry and to protect smaller contractors and suppliers from insolvency resulting from non-payment. The Building and Construction Industry (Security of Payment)

Security of payment: Why references dates are critical to making a valid claim

2018-08-02T11:23:48+00:00 August 2nd, 2018|Construction Contracts, Construction disputes, Construction Law, Dispute Resolution, Security of Payment|

Morrissey Law + Advisory’s series of articles on the security of payment process have previously  touched on payment claims, payment schedules, adjudication application notices and legislative reform[1], this article takes a closer look at the timing of payment claims and the effect reference dates can have on your entitlement to payment. What is a reference

Security of Payment: s17(2) notices and the path toward adjudication

2018-07-31T12:47:57+00:00 July 31st, 2018|Construction Contracts, Construction disputes, Construction Law, Security of Payment|

Morrissey Law + Advisory have previously highlighted the important role the security of payment legislative regime plays in protecting contractors’ rights to progress payments, now we take a more in depth look at adjudication application notices under section 17(2) of the Building and Construction Industry (Security of Payment) Act 1999 (NSW) (Act)[1]. Read our tips

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