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.
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 Will your business be able to rely on the Security of Payment Laws when it counts? The single most important thing to do.
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 Hunter Business Review Article: Security of payments: dates, deadlines & traps
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 June 2017 SOP Amendments – Sending Payment Claims or Payment Schedules by Email or Fax
The tips in this article are intended for business owners planning to fit out commercial or retail premises and Landlords of premises leased to such businesses. Briefly, the relevance for the Landlord is simply that: if their Tenant gets caught out they may become insolvent and unable to pay rent before the Lease even begins, … Read more Commercial & Retail Fitouts. How you could find yourself out of business before you even begin.
In Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2)  NSWCA 379 (23 December 2016), the NSW Court of Appeal unanimously held that the decision of an adjudicator under the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Act“) is not subject to judicial review other than in cases … Read more Court of Appeal limits scope of potential challenges to Security of Payment Adjudications
In a decision of great relevance to members of the building and construction industry, the High Court has provided some certainty in relation to when a valid Payment Claim may be issued under a construction contract and put to rest a debate that has gone on for some time in light of various legislative amendments … Read more High Court settles argument about when a Payment Claim can be validly issued