High Court Confirms Limited Scope of Potential Challenges to Security of Payment Adjudications

In Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] 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

How Courts Consider Descriptions of Work in Payment Claims & Reasons for Withholding Payment in Payment Schedules

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 an Adjudicator is Required to Value Construction Work

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

Mid Tier Construction Contracting Essentials: How to make it and not go broke.

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

New Rules now apply for Medium Density Low Rise Developments in Newcastle and Lake Macquarie.

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

Will your business be able to rely on the Security of Payment Laws when it counts? The single most important thing to do.

Disputes and withheld payments are common occurrence in the construction industry. Contractors and suppliers operate with increased risk of these occurrences if they are not prepared to use the Building & Construction Industry Security of Payment Act 1999 (“the Act”) immediately when a problem arises. I regularly get people downloading our Security of Payment Guide looking … Read more

Hunter Business Review Article: Security of payments: dates, deadlines & traps

The article below was published in the Hunter Business Review October 2015 Issue. The Building & Construction Industry Security of Payment Act 1999 (NSW) (“the Act”) is unlike any other law in the country (apart from its interstate equivalents). The purpose of the Act is to improve cash flow for contractors, suppliers and professionals in the … Read more

A builder made promises to me during negotiations that aren’t in the Contract, what can I do?

It is not uncommon for a builder to make representations to a home owner in the course of negotiations for a Residential Building Contract where the subject matter of the representation is something that isn’t expressly covered in the final contract. However, where the home owner relies on a representation made, such that they otherwise … Read more

Do all residential building disputes have to be determined by the NSW Civil & Administrative Tribunal (“NCAT”)?

Generally, a builder or home owner may commence proceedings in relation to a residential building dispute in a Court of competent jurisdiction (subject to relevant limitation periods), or in the NSW Civil & Administrative Tribunal (“NCAT”) provided that: The amount claimed does not exceed $500,000.00 (Section 48K(1)), and Proceedings are commenced within three (3) years … Read more

June 2017 SOP Amendments – Sending Payment Claims or Payment Schedules by Email or Fax

With the increasing use of emails both for communications and for sending and receiving documents, it is becoming common for businesses to send tax invoices by email.  Perhaps in light of this growing trend, there have been some recent amendments to the Building and Construction Industry Security of Payment Act 1999 (NSW) in relation to … Read more