Meet the Co-chairs - TAGLAW
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.
Contact: Patrick Mead; Carter Newell (Queensland, Australia)
In the first of the March 2014 editions of Constructive Notes, the writer observed that oftentimes exclusion of liability clauses and liability caps are mechanisms which operate in tandem with provisions in relation to Liquidated Damages (which are not considered to be exclusory, operating in theory for the benefit of both parties to the contract) to create a finely balanced risk regime.
Contact: Mark Kenney; Carter Newell (Queensland, Australia)
In an article in the first of the March 2014 editions of Constructive Notes, consideration was given to the operation of exclusory or limiting provisions directed to economic, indirect or consequential loss. We have all seen simple clauses in contracts to the effect of 'neither party is liable to the other for any consequential or indirect loss'.