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SOP Reform: Statutory Trusts – will they Help or Hurt?

2019-07-19T12:22:39+10:00July 19th, 2019|Construction Contracts, Construction Law, News, Security of Payment|

As part of the reform process for the Building and Construction Industry Security of Payment legislation, the NSW Government is calling for industry input as they assess the feasability of introducing statutory trusts as a means to better protect subcontractors from contractor insolvency and the many far-reaching consequences. The building and construction industry experiences the highest

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

NSW Government calls for further submissions in response to Shergold Weir Building Confidence Report

2019-07-02T11:35:56+10:00June 28th, 2019|Construction Law, Home Building, News, Strata Defects|

The NSW Government has released their second response to the Shergold Weir Building Confidence Report (Report) in the midst of the second high profile apartment defect issue, Mascot Towers, and is calling for further submissions. The NSW Government responded to the 2018 report some 6 weeks after the Opal Towers fiasco. It appears the Mascot

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

Who is liable for breach of contract – Principal or Agent?

2019-07-02T11:35:58+10:00May 8th, 2019|Construction Contracts, Construction disputes, Construction Law, Home Building, Uncategorized|

In the recent NSW Supreme Court (the ‘Court’) case Cincotta v Russo [2019] NSWSC 272 the question of agency when executing contracts was back in the spotlight. What happened In January 2014, Mr and Mrs Cincotta (Owners) engaged Mr Russo (Russo) for $610,000 of additions and alterations to their property in Concord West (Property). The

High Court to determine whether an awarded sum under a quantum meruit claim can exceed the contract price

2019-07-02T11:35:58+10:00April 10th, 2019|Construction Contracts, Construction disputes, Construction Law, Home Building, Uncategorized|

The Manns (‘the Owners’) entered into a domestic building contract with Paterson Constructions Ltd Pty (‘the Builder’) for the construction of two double-storey townhouses for the sum of $916,779.00 (including GST). The Builder completed the construction of the first unit approximately four months after the date of practical completion. The owners sought to terminate the

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