Articles

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

Liquidated damages – Enforceable and exhaustive?

2018-07-11T13:57:56+00:00 June 21st, 2018|Construction Contracts, Dispute Resolution|

Where a contractor fails to complete works by the date for completion the typical expectation is that such a breach would allow the principal to claim damages calculated as the actual loss resulting from the delay to completion. Construction contracts often provide for fixed (or liquidated) damages as the only remedy for a principal in

Payment Schedules – 6 Steps for Responding to Claims

2018-07-11T15:31:02+00:00 June 9th, 2018|Construction Contracts, Dispute Resolution, Security of Payment|

With the construction boom underway across NSW it is more crucial than ever that parties to construction contracts are familiar with their rights and obligations in responding to Payment Claims under the Building and Construction Industry (Security of Payment) Act 1999 (NSW) (SOP Act)[1]. Morrissey Law & Advisory’s previous article on Payment Claims under the