In Short -
The Situation: Security of payment ("SOP") legislation across Australia provides a "pay now, argue later" regime for payment claims by contractors in the construction industry. The legislation expressly...more
The Situation: For over a decade, all Australian jurisdictions have had in place security of payment ("SOP") legislation—statutory regimes providing for the submission and payment of progress claims, and resolution of payment...more
The construction sector in Australia has long been affected by insolvency and broader liquidity issues. In the last year, construction companies accounted for 26% of businesses that entered into insolvency, and insolvencies...more
In Short -
The Situation: The recent decision in Lanskey Constructions Pty Ltd v Westrac Pty Ltd [2022] WASC 90 involved an application by a contractor for injunctive relief in relation to a call on its security. The case...more
The security of payment regime in Queensland has undergone significant reform in recent years. Since the introduction of the Building Industry Fairness (Security of Payment) Act 2017 (Qld), the regime has remained the subject...more
11/9/2020
/ Amended Legislation ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Terms ,
Contractors ,
General Contractors ,
Payment Schedules ,
Payment Terms ,
Subcontractors ,
Trusts
The government's latest restrictions will impact owners, contractors, and suppliers.
The Victorian Government has moved the Victorian construction industry to a "pilot light" status from 5 August 2020, until at least 16...more
On October 21, 2019, significant changes to New South Wales ("NSW") security of payment laws come into effect with the commencement of the Building and Construction Industry Security of Payment Amendment Act 2018 and...more
The Situation: Statutory adjudications continue to be deployed readily on projects in the construction and engineering fields.
The Result: There have been a host of cases on the operation and scope of such adjudications in...more
Since late last year, there have been several major decisions from Australia's highest courts on important issues for stakeholders in the construction, mining and infrastructure industries. Below, we provide a summary. Some...more
6/15/2017
/ Appeals ,
Appellate Jurisdiction ,
Appellate Review ,
Assignments ,
Australia ,
Cause of Action Accrual ,
Conditions of Payment ,
Construction Contracts ,
Construction Defects ,
Construction Industry ,
Contract Terms ,
Error At Law ,
High Court of Australia ,
Infrastructure ,
Insolvency ,
International Construction Projects ,
Joint Venture ,
Leave to Appeal ,
Liquidation ,
Payment Terms