Meet the Co-chairs - TAGLAW
By: Luke Preston & Lucinda Coman
The recent Supreme Court of Queensland decision in Lean Field Developments Pty Ltd v E & I Global Solutions (Aust) Pty Ltd & Anor1 serves as a timely reminder to contracting parties that they do not have absolute freedom to contract as to when a reference date arises for the purposes of the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA). Specific care is required when drafting contractual clauses which impose pre-conditions which must be satisfied before a reference date will accrue.
Contact: David Rodighiero, Partner and Mark Kenney, Special Counsel; Carter Newell (Queensland, Australia)
The long awaited amendments to the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) commenced on 15 December 2014.
Contact: Stephen Hughes, Special Counsel and Lara Radik, Associate; Carter Newell (Queensland, Australia)
A number of significant changes to the building and construction industry’s portable long service leave legislation came into effect on 1 July 2014.
The changes will not have retrospective effect, however ongoing construction projects, in respect of which levies had not been paid in full by 1 July 2014, may be caught by transitional arrangements.
The changes will not have any impact on workers’ long service leave entitlements.
Contact: John Grant, Special Counsel; Carter Newell (Queensland, Australia)
Conveyor & General Engineering Pty Ltd v. Basetec Services Pty Ltd & Anor  QSC 30
Conveyor & General Engineering Pty Ltd (CGE) challenged an adjudication decision that required it to pay $121,472.02 to Basetec Services Pty Ltd (Basetec).
Contact: David Rodighiero, Partner and Marnie Carroll, Solicitor; Carter Newell (Queensland, Australia)
The introduction of security of payment legislation in all Australian jurisdictions has reinforced the common law position that ‘pay when paid’ and ‘pay if paid’ clauses are void in respect of contracts for construction works performed or related goods and services supplied in Australia.