News & Analysis as of

Australia Subcontractors

Herbert Smith Freehills Kramer

Time’s Up: NSW Court of Appeal Reminder About the Importance of Understanding and Hitting Security of Payment Deadlines

The NSW Court of Appeal in Roberts Co (NSW) Pty Ltd v Sharvain Facades Pty Ltd (Administrators Appointed) [2025] NSWCA 161 has confirmed that, under the Building and Construction Industry Security of Payment Act 1999 (NSW)...more

K&L Gates LLP

Case Alert: Repetitious Claims in Adjudication

K&L Gates LLP on

Executive Summary - The South Australian Court of Appeal (Court of Appeal) in Goyder Wind Farm 1 Pty Ltd v GE Renewable Energy Australia Pty Ltd & Ors has delivered a landmark judgment....more

Jones Day

Significant Reforms on the Horizon for Security of Payment in Victoria’s Construction Industry

Jones Day on

Like similar regimes in other States, the Building and Construction Industry Security of Payment Act 2002 (VIC) (“Victorian SOPA”) was intended to reduce insolvency in the construction industry and enhance cash flow for...more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – June 2020: Coronavirus & Construction Contracts - Causation, Force...

King & Spalding on

Large construction projects, by their very nature, carry significant commercial and financial risk for the parties involved. Contributing to this overall risk is the reality that an act of nature or other circumstance beyond...more

White & Case LLP

Claims Against Subcontractors: Contingent Loss, No Recovery?

White & Case LLP on

A main contractor is often in a difficult position during project disputes, caught in the middle between its liabilities to the employer and its ability to recover those losses from its subcontractors. But, what happens when...more

K&L Gates LLP

NSW Court of Appeal Quashes Ostwald's Adjudication Determination and Holds That Façade Continues to be 'Plainly Wrong'

K&L Gates LLP on

On 12 February 2019 the NSW Court of Appeal upheld an appeal by Seymour Whyte Constructions Pty Ltd (Seymour Whyte), represented by K&L Gates, relating to proceedings concerning a claim for a substantial progress payment...more

K&L Gates LLP

Breathing Room for Claimants – Adjudication Reforms go Live Under the QLD SOP Act

K&L Gates LLP on

The Queensland Government recently announced that the adjudication reforms under Parts 2, 3 and 4 of the Building Industry Fairness (Security of Payment) Act 2017 (QLD) (QLD SOP Act) have commenced as of 17 December 2018. ...more

Jones Day

The End of the "Deemed Liability" Adjudication in Western Australia

Jones Day on

The Problem: The Construction Contracts Act 2004 (WA) contains a number of provisions that are to be implied into construction contracts that are silent as to those matters. These implied terms have been a steady source of...more

K&L Gates LLP

Lessons in Fraud, Preconditions to Progress Payments and the Right of Setoff: Hutchinson v Glavcom

K&L Gates LLP on

The NSW Supreme Court recently handed down its decision in the matter of J Hutchinson Pty Ltd v Glavcom Pty Ltd [2016] NSWSC 126, in which K&L Gates represented Glavcom. The decision sheds light on numerous issues, including...more

K&L Gates LLP

Head Contractors Beware: New Retention Money Requirements in New South Wales

K&L Gates LLP on

The Building and Construction Industry Security of Payment Amendment (Retention Money Trust Account) Regulation 2015 (Retention Money Regulation) commenced on 1 May 2015 and brought into effect important requirements for head...more

10 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide