Articles

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

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

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

Firm but Fair, the new Building Industry Fairness Act

2018-07-19T09:26:21+00:00 June 1st, 2018|Construction disputes, Construction Law, Security of Payment|

Passed by the Queensland Parliament on 10 November 2017, the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act) represents a major reform and streamlining of the some of the most critical procedures in the construction industry. Morrissey Law & Advisory foreshadowed the impacts of this legislation prior to its introduction in our

Non-jurisdictional error no reason to review adjudications: High Court rejects appeal

2018-07-20T16:12:10+00:00 February 15th, 2018|Construction disputes, Construction Law, Security of Payment|

The Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act) was once again before the High Court of Australia. This time the Court was asked to determine whether a non-jurisdictional error should allow a determination to be quashed. Background Probuild and Shade System were parties to a construction contract. Shade System served

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