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6th February 2014

Changes to the NSW security of payment regime affect “bankability” of projects

6th February 2014

By Emanuel Confos, Dany Shalak

Soon to be enforced changes to the security of payment regime in New South Wales brought about by the Building and Construction Industry Security of Payment Amendment Act 2013 (NSW) are likely to impact the “bankability” of a project. The amendments, which aim to provide greater protection for subcontractors, promote cash flow and create greater transparency in the construction industry, are expected to take effect in April 2014.

10th July 2013

Good faith and termination for convenience clauses

10th July 2013

By Emanuel Confos, Colleen Platford, Paul McDonald

Are you aware of the law of good faith in Australia and how it can impact on contractual relations? We discuss whether contractual powers have to be exercised in good faith even if there is no express reference to good faith in a contract and how these implied good faith principles interact with termination rights.

21st June 2013

PPSA starting to register with the construction industry

21st June 2013

By Ros O'Mally, Emanuel Confos, Steven Choi, John Erbacher

In a decision likely to be followed by Australian courts, the High Court of New Zealand has confirmed that the step-in rights (or ‘take out’) clause in a construction contract can create a security interest. These clauses grant the principal rights to complete the works (sometimes using the contractor’s equipment and materials and then sell the equipment to recover outstanding monies) where, for example, the contractor has become insolvent.

22nd March 2013

Good news for those responding to payment claims in NSW under the Building and Construction Industry Security of Payment Act

22nd March 2013

By Emanuel Confos

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

NABERS rates data centres

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

Letters of Intent in Construction

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

Wheeler & Anor v Ecroplot Pty Ltd [2010] NSWCA 61

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

Kell & Rigby Holdings Pty Ltd v Lindsay Bennelong Developments Pty Ltd [2010] NSWSC 777

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

No Duty of Care Owed by a Builder to a Commercial Owners Corporation to Avoid Causing Economic Loss

12th October 2012

By Emanuel Confos

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.

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