Meet the Co-chairs - TAGLAW
It is well understood that the security of payment regime is by far the fastest, cheapest and most efficient method for contractors to secure payment of their progress claims. Whether the respondent is disputing the claim, or just tardy in its payment behaviour, the 'pay now argue later' legislation, while technical, is typically an effective express lane to securing payment.
However, like any 20 year old highway, there are cracks starting to appear. One major problem identified in our article: ‘Security of Payment and Factoring. Not so Fast!' is where a ‘debt’ claimed by a payment claim has been separated, by assignment, from the claimant.
Authors: Mark Kenney, Partner and Karl Higgins, Solicitor
‘Unknown Unknowns’ are not simply a Donald Rumsfeld double negative; but can now also be considered a genuine area of claims in relation to construction contracts.
We are all familiar with the concept of ‘Known Unknowns’, the classic being latent conditions. These are known areas of risk where the specific risk itself is unknown, but the possibility has been addressed by implementing processes under the contract for managing the response and making claims where the risk materialises.
Come 1 July 2018, Queensland will see the repeal of the Building and Construction Industry Payments Act 2004 (Qld) and the Subcontractors' Charges Act 1974 (Qld). Instead, Queensland will operate under a single consolidated piece of security of payment legislation called the Building Industry Fairness (Security of Payment) Act (BIF).
The Sectoral Employment Order (Construction Sector) 2017, which was signed into law on 19 October 2017, fixes statutory minimum pay, unsocial hours’ payments, pension entitlements, sick-pay entitlements and dispute resolution procedures for various categories of workers in Building Firms and Civil Engineering Firms. What constitutes a Building Firm or a Civil Engineering Firm is defined in the Order.
Author: Patrick Mead, Partner
It is not uncommon on major building projects for scratching to glass panes or panels to be observed pre-practical completion (or during the defects liability period), and a question can thus arise as to whether contract works policies are likely to respond to indemnify the project participants with respect to damage of this nature.
This damage is often caused by one or more combinations of the following: