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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

NSW government expands combustible cladding ban

2018-10-29T14:32:53+00:00 October 29th, 2018|Construction disputes, Construction Law, Dispute Resolution, Home Building, Strata Defects|

The NSW Government’s latest response to the numerous combustible cladding tragedies both overseas and in Australia came into effect on 22 October 2018.  The impact of these regulations is as follows: Aluminium composite panel ban Prior to the 22 October regulations coming into effect, the NSW Government took steps to limit the use of combustible

Design defects in buildings – builder and developer liability

2018-09-10T10:19:09+00:00 September 3rd, 2018|Construction disputes, Dispute Resolution, Strata Defects|

But I built to the plans and specifications! Design defects in buildings.  Developers and builders are now potentially liable for design defects in buildings, that’s the key takeaway from the recent NSW Court of Appeal decision The Owners – Strata Plan No 66375 v King [2018] NSWCA 170. A recent NSW Court of Appeal decision

Strata building defects? How to gain access if denied

2018-09-10T10:19:20+00:00 August 31st, 2018|Construction Law, Dispute Resolution, Home Building, Strata Defects|

Strata building defects can quickly sour the relationship between owners and builders.  This creates an issue where the builder is attempting to access the building to attend to the rectification of strata building defects that are found in an inspection report. Below we outline how the strata building bond and inspection scheme (the Scheme) under

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

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

NSW Government releases 10 point plan for construction sector

2018-07-27T16:02:53+00:00 July 5th, 2018|Construction Contracts, Dispute Resolution, Home Building|

The NSW Government’s Construction Leadership Group (CLG) has released a construction-focused action plan, including its 10 point commitment to the construction sector.  The plan aims to assist the industry in meeting future demand, reduce costs and down-time through greater efficiency in Government procurement processes and foster collaboration between the public and private sectors. In this

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