On 1 September 2020 the NSW Government released the Building and Construction Industry Security of Payment Regulation 2020 (“the Regulation”) which, among other things, will drastically change the way residential builders and homeowners resolve disputes about progress payments after 1 March 2021. The Regulation, which otherwise made minor changes in relation to Retention Money Trust … Read more Recent changes to Security of Payments Regulations a game changer for NSW Residential Builders’ ability to Resolve Disputes and recover Progress Payments Promptly.
If you build Class 2 buildings you need to be across this. The Residential Apartment Buildings (Compliance and Enforcement) Powers Act 2020 (the Act) Commenced 1 September 2020. The Act requires that a builder or developer of a Class 2 building (apartment building), or a building with a Class 2 part, must provide the Department … Read more Apartment Building Completion Notices & Audits
A Builder’s Liability Under the Design and Building Practitioners Act 2020. Introduction On 10 June 2020 the Design and Building Practitioners Act 2020 (NSW) (“DBPA”) took effect. The Act contains a number of key changes, including the primary focus of this article which is the effect of the new duty of care on builders. The … Read more Property Owners given 10 years to Claim for Financial Loss caused by Defects
Amendments to the Building and Construction Industry Security of Payment Act 1999 (the Act) passed on 21 November 2018 will be commencing on 21 October 2019. The amendments will apply to all Construction Contracts entered into from 21 October 2019 with the existing regime to continue to apply to all previous contracts. The amendments bring … Read more Security of Payment Law Amendments: How to claim Progress Payments Post 21 October 2019
# This Article was updated on 1 August 2019 following the announcement by the NSW Government that the commencement date of legislation amending the security of payment laws will be 21 October 2019, and the release of amendments to the regulations. On 21 November 2018 the NSW Government passed the Building and Construction Industry Security … Read more Amendments to Security of Payment Laws in NSW to Commence on 21 October 2019
In Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd  HCA 4 the High Court affirmed the decision of the NSW Court of Appeal that the availability of judicial review to quash an Adjudication Determination under the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Act”) was limited to cases of jurisdictional … Read more High Court Confirms Limited Scope of Potential Challenges to Security of Payment Adjudications
Ensuring that you can rely on a Payment Claim or a Payment Schedule to invoke or resist the considerable force of the Building and Construction Industry Security of Payment Act 1999 (NSW) to recover payment or resist the obligation to pay is critical for any business in the building and construction industry. In this article … Read more How Courts Consider Descriptions of Work in Payment Claims & Reasons for Withholding Payment in Payment Schedules
A question that commonly arises when we are assisting clients with preparation of an Adjudication Application or Response, is: “How is the Adjudicator going to value the construction works (or related goods and services)?” Knowing how an Adjudicator will value the works is particularly important given the very short timeframes provided for parties to an … Read more How an Adjudicator is Required to Value Construction Work
Long before I was a Construction Lawyer, I was a Construction Manager for one of Australia’s top tier building contractors. In this article I have set out some simple and practical tips for effective contract management based on my experience in both construction and law. This article will be particularly relevant for growing contracting businesses … Read more Mid Tier Construction Contracting Essentials: How to make it and not go broke.
This article explains what land is now suitable for medium density developments in Newcastle and Lake Macquarie under the new Low Rise Medium Density Housing Code and the benefits of the Code for developers and existing landowners. On 6 July 2018 the new Low Rise Medium Density Housing Code came into effect. Significantly, under the … Read more New Rules now apply for Medium Density Low Rise Developments in Newcastle and Lake Macquarie.