22nd March 2013
The decision of Lahey Constructions Pty Limited (Lahey) v Trident Civil Contracting Pty Limited (Trident) [ 2013 ] NSWSC 176 of his Honour Justice Stevenson on 8 March 2013 has given some relief to those parties having to respond to payment claims under the Building and Construction Industry Security of Payment Act 1999 (NSW) (the [...]
6th March 2013
By Emanuel Confos, Harriet Oldmeadow
The National Australian Built Environment Rating System (NABERS) is a national rating system that measures the environmental impact of a building, tenancy or home and now data centres.
14th February 2013
By Emanuel Confos, Dany Shalak
In a perfect world, principals and contractors (and contractors and subcontractors) would finalise all aspects of their deal and record it fully in a written, signed contract before any work was performed or expenditure incurred. In reality, however, the parties are often under commercial pressure to commence preliminary works as soon as possible and turn to a “letter of intent” (LOI) while they continue to negotiate the main contract.
1st February 2013
By Emanuel Confos, Nicole Lojszczyk
On 6 September 2002, Mr and Mrs Wheeler (appellants) contracted with the building company Ecroplot (respondent) to have a home built for them. The contract was a standard form contract which contained a warranty given by the builder that “the building works will be performed in a proper and workmanlike manner and in accordance with the plans and specifications attached to this contract.”
1st February 2013
By Emanuel Confos, Harriet Oldmeadow
On 2 October 2007, the defendant property developer entered into a construction contract with the plaintiff builder for the construction of a mixed commercial and residential development in Sydney (“the Contract”). Notably, the developer as Principal was also appointed as Superintendent under the Contract.
12th October 2012
Gilbert + Tobin have successfully defended Brookfield Multiplex (Brookfield) in the decision of Owners Corporation Strata Plan 61288 v Brookfield Multiplex Limited [2012] NSWSC 1219 (Chelsea Decision) delivered on 10 October 2012.
21st December 2011
The Christmas shutdown period can cause a lot of claimants under the Building and Construction Industry Security and Payment Act (1999) NSW (the Act) to gain the upper hand by serving a payment claim when people are no longer in their office.
28th July 2011
The role of liquidated damages in payment schedules under the Victorian Building and Construction Industry Security of Payment Act 2002: The case of Seabay Properties Pty Ltd v Galvin Construction Pty Ltd & Anor [2011] VSC 183
28th July 2011
By Emanuel Confos, Stuart Brady
Until recently it had been understood within the NSW building and construction law community that, apart from very limited circumstances, the Supreme Court of NSW was not able to grant relief on an application for judicial review of a determination of an adjudicator made under section 22 of the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act).
4th March 2011
On 28 February 2011 the Building & Construction Industry Security of Payment Act (the Act) changed in a significant way that affects all those undertaking work to which the Act applies. This article does not propose to cover off the more general aspects of the Act but to focus specifically on the most recent amendments.
16th November 2010
By Henrietta Watts-Russell, Kate Meikle, Emanuel Confos, Steven Choi, Stuart Brady
On 12 November 2010 in the decision of Parsons Brinckerhoff Australia Pty Limited v Downer EDI Works Pty Limited (Parsons v Downer) his Honour Justice Hammerschlag of the Supreme Court of New South Wales emphasised the dangers to any party to a construction contract in not specifying in the contract its “ordinary place of business” and not maintaining effective structures to ensure payment claims are properly dealt with.
20th September 2010
By Amanda Hempel, Emanuel Confos
Click here for a link to our broadcast with Emanuel Confos, Partner providing an in-depth overview of the Energy Efficiency Disclosure Act 2010 and examines the new disclosure requirements for owners, landlords and tenants in relation to the energy efficiency of certain commercial buildings.
1st September 2009
By Amanda Hempel, Emanuel Confos
A copy of the article ‘Mandatory Disclosure of Commercial Building Energy Efficiency’ written by Gilbert + Tobin Partners Amanda Hempel and Emanuel Confos and Special Counsel Noni Shannon.
21st November 2008
By Amanda Hempel, Emanuel Confos
With the impending commencement of the Carbon Pollution Reduction Scheme (CPRS) and the new look National Renewable Energy Target Scheme (NRET), the Commonwealth Government has recognised that there will be greater emphasis on renewable energy projects in Australia, in particular wind farms. As a result of increased investment and development opportunities there will be a corresponding need to improve guidance and certainty in respect of the development, assessment and operation of wind farms. This is particularly important for key stakeholders in any wind farm proposal being developers, investors, financiers, local government and the community.
