The client was a medical professional who had engaged a builder to complete a commercial fit out of his new premises. The builder’s form of contract was poor. In addition, the builder had made pre-contractual representations to the effect that it had significant experience, would take care of everything and that the client didn’t need … Read more Medical Fit Out claim under Security of Payment Law and major defects litigation avoided. Injunction and Supreme Court Declaration that no reference date meant Adjudication Determination was void.
Roberts Legal had prepared standard form contract for the builder approximately two (2) years earlier. Among other things, the contract terms provided that a Payment Schedule under the Building & Construction Industry Security of Payment Act could only be provided within five (5) business days of receiving a Payment Claim. The builder contacted Roberts Legal for advice … Read more Project Manager bully gets a taste of his own medicine. Contract limiting time for Payment Schedule leads to Summary Judgment for $195,000 in the face of a back charges claim for over $450,000.
The client contracted to manufacture, supply and install a bridge in NSW. The bridge components were manufactured in France. Equipment required to erect the bridge was shipped in from Overseas. There was no formal contract for the supply of the bridge. The contract terms arose from a Quotation, terms on a Purchase Order, terms specified … Read more Bridge supplier avoids litigation and recovers 87.5% using the Building & Construction Security of Payment Act within 14 days.
The client was a design and construction company. The client had been engaged by a developer to design a commercial building. The contract documents were poor and broadly contemplated that the owner would only pay for the design work if the owner did not subsequently enter into a construction contract with the builder. The contract … Read more 2 year old $60,000.00 building design fee dispute resolved and recovered after Roberts Legal was engaged and Security of Payment Law rights identified.
# 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
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
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.
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.