Construction



Meet the Co-chairs - TAGLAW


Rintoul, David
Clarkslegal LLP
drintoul@clarkslegal.com


Mead, Patrick
Carter Newell
pmead@carternewell.com


Construction


Author: Tim Coleman

The Nuance Group (Australia) Pty Limited v SHAPE Australia Pty Limited [2018] VSC 362 re-affirms that an adjudication determination will be quashed if the adjudicator fails to provide adequate reasons for their determination.

Partner, Tim Coleman and Law Graduate, Emer Sheridan, review the decision and discuss the circumstances in which a determination can be overturned.

Across all Australian jurisdictions, Security of Payment legislation provides that where the amount in a payment schedule is less than that in the payment claim, then a claimant may bring an application to have the matter determined by an adjudicator. Such a determination is only interim and so it does not finally settle the matters in dispute between the parties - which may still be litigated or arbitrated.

Read more: Quality Control: Adjudicators must provide adequate reasons


Author: Luke Preston, Partner

Security of payment laws in Queensland will change again on 17 December 2018 with the commencement of Parts 3, 4 and 5 of the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act).

Stage 1 of the reforms commenced on 1 March 2018 with the implementation of project bank accounts for building head contracts entered with the Queensland government with a contract price or value between $1 million and $10 million.

Read the entrie article.


A recent Supreme Court of Queensland decision as to what constitutes a ‘’construction company’’ under the QBCC Act brings consequences for construction groups who undertake works under different State entities.

Partner, Ted Williams, and Senior Associate, Gemma Twemlow, review the decision and what it means for construction companies.

Read more: Related company insolvency can affect ability to maintain Queensland builder’s licence


Authors: Robert Riddell, Partner and Brianna Smith, Lawyer

Poor payment practices in the construction industry have faced increasing scrutiny by legislators, culminating in a series of amendments (and proposed amendments) to the security of payment regime.

Partner, Robert Riddell, and lawyer, Brianna Smith, step you through the introduction of retention trusts and the telegraphed statutory trust accounts, explaining how they work and what they mean for you.

Background

Head contracts for construction work in New South Wales entered into on or after 1 May 2015, with a contract sum of $20 million or more are subject to the retention trusts regulation located in Part 2 of the Building and Construction Industry Security of Payment Regulation 2008.

Read more: Ramping up subcontractor protection – Retention and now ‘Deemed’ Statutory Trusts


Author: Robert Riddell

Over 1½ years since John Murray was appointed by the Commonwealth Department of Employment to undertake a review of the security of payment laws across Australia, the New South Wales Government is pressing ahead, alone, with changes to its east coast model for security of payment.

Read more: New South Wales Returns Fire in the Security of Payment Wars