Articles

Collaborative Contracts in Construction: What are they, and when should they be used?

2019-07-16T22:00:55+10:00July 16th, 2019|Commercial & Corporate Advisory, Construction Contracts, General Counsel Services, Legal Project Management, The Future, Uncategorized|

Collaborative contracting is increasing in popularity for project delivery in Australia. So what does it actually mean, and when is a collaborative contract appropriate? The idea behind collaborative contracts is to give all parties the incentive to see a project succeed. In order to do this, they are designed to combat the negative commercial incentives

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

Future use of Building Information Modelling (BIM) in Australia

2019-07-02T11:35:58+10:00May 6th, 2019|Uncategorized|

BIM is becoming increasingly important within the construction and building industry; utilised in mega projects through to smaller commercial builds. (To learn about what BIM is, click here.) BIM is being used worldwide and has become a cornerstone of international construction ambition. The UK leads the field in the implementation of BIM, since 2016 all

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

Australia’s Modern Slavery laws – 5 Key Points

2019-07-02T11:35:59+10:00December 19th, 2018|Uncategorized|

The Modern Slavery Act 2018 (Cth) (MSA) is now officially law in Australia. On 10 December 2018, the Modern Slavery Bill received royal assent after passing both houses in the Federal Parliament. This follows the Bill’s successful passage through the NSW Parliament in June earlier this year and the overwhelming support to create Australia’s first

Coal Industry Act changes and your insurance

2019-07-02T11:36:00+10:00November 9th, 2018|Uncategorized|

Earlier this year, the NSW Government passed the Coal Industry Amendment Act 2018 (NSW) (the Amendments). The Amendments amend the Coal Industry Act 2001 (NSW) and the insurance industry participants require. The Act will have significant impacts to the coal industry by: introducing a definition for employer of a coal industry to mean “any employer

Developers defect bonds for strata buildings?

2019-07-02T11:36:04+10:00August 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

Design and Construct Contracts: What are they and when should they be used?

2019-07-02T11:36:04+10:00August 20th, 2018|Uncategorized|

What is a design and construct contract? Design and Construct (D&C) is a widely accepted project delivery method and contract form primarily used for major construction contracts. Under an ordinary “design-bid-build” (often called ‘construct only’) delivery method, the plans for the construction of the project are prepared by a third party designer engaged by the