Call For Expert Advice:BREAKING NEWS: Early Release of Retention Money – High Court Confirms Retention Clauses Subject to Head Contract Operation are Void
The recent High Court decision of Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5 confirmed that any contract clause which ties the release of retention to some event under the Head Contract will be a “pay when paid” provision under the Security of Payment legislation and therefore that relevant clause is void or of no effect. The High Court’s [...]
IMPORTANT CHANGES TO SERVICE OF NOTICES UNDER THE BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999
(FAX NOT PROPER SERVICE ANYMORE) You can now serve notices (i.e. Payment Claims, Payment Schedules, Statutory Notices, Adjudication Applications etc) by way of email and the ability to serve any such notices by facsimile has been removed except where you contract provides for service by facsimile. The above has been brought about by the Electronic Transactions Legislation Amendment [...]
Encroachments
What is an encroachment? An encroachment is where a part of someone else property overhangs or enters into your property. Examples of encroachments can include tree branches overhanging on your property, overhanging air conditioners, neighbouring fences and retaining walls entering your land and buildings that have been built on neighbouring properties, among others. However this article will focus primarily on [...]
SIGNIFICANT CHANGES TO NSW BUILDING DEFECT LEGISLATION
The Home Building Amendment Act 2014 comprised of various amendments to the Home Building Act 1989. These changes commenced on 15 January 2015. There is no longer a distinction between structural and non-structural defects. There is now the two different categories of general defects and major defects. Under the Act, major defects will attract a six year warranty period and [...]
DISPUTES WITH YOUR BUILDER OVER HOME BUILDING DEFECTS
It is common for disputes to take place when you are in the process of building or renovating your home. These disputes may be minor or major. Major disputes often require the intervention of specialised building disputes lawyers in order for a resolution to be reached. Often the cause of these disputes are building defects however, they may be disputes [...]
RESOLVING DOMESTIC BUILDING DISPUTES
In most Australian states there is a dedicated Act of Parliament that regulates all domestic building contracts. In New South Wales the Act is the Home Building Act 1989 (NSW). Further, these Acts generally refer the resolution of any building disputes to the relevant tribunal in that state. In New South Wales, most disputes with builders are resolved through the [...]
Security of Payment Changes Retention Money
CTI Lawyers Alert – Building and Construction Industry Security of Payment Amendment On 1 May 2015, the Building and Construction Industry Security of Payment Amendment (Retention Money Trust Account) Regulation 2015 (“the Amendment Regulation) will take effect. This is available on the NSW Government’s legislation website (www.legislation.nsw.gov.au). Click here for a copy of the Draft Building and Construction Industry Security [...]
New NSW cash retention scheme to commence in early 2015
In New South Wales, a “ground-breaking” cash retention trust scheme will be established to ensure construction companies are prevented from using cash retention monies for purposes other than rectifying defects in the contract defects liability period. The scheme will particularly protect subcontractors in the industry from collapsing construction companies and the infamous “phoenix companies” who would in most cases, use [...]
Statutory Demands
Statutory Demand Fact Sheet – CTI Lawyers What is a Statutory Demand? This is an initiating process in Winding up a Company. A Statutory Demand is a demand made under 459E of the Corporations Act 2001 (Cth). This document is not issued by the Court. A Statutory Demand requires that the Company pay a specified sum of money within 21 [...]
Waving Offensive Sign – Not Unlawful Adverse Action
High Court says dismissal for waving offensive sign during union protest was not unlawful adverse action – CTI Lawyers In a 3-2 majority, the High Court on 16 October determined that a long serving employee of BHP Coal who was a member of the CFMEU was not dismissed for participating in a lawful protest organised by the Union. The Fair [...]
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DEBT RECOVERY SERVICE
Construction Trade Industry Lawyers provides a free Letter of Demand Service. In order to assist us prepare your letter of demand we require you to complete the Claim Form and provide copies of the invoices that have not been paid. Submit Your Claim
CONTRACTORS CAN NOW SERVE PAYMENT CLAIMS FOR CONSTRUCTION WORK ON MINING LEASES
The Queensland Court of Appeal has recently confirmed in J & D Rigging Pty Ltd v Agripower Australia Ltd & Ors [2013] QCA 406, that construction work on land subject to a mining lease will be captured by the provisions of the Building and Construction Industry Payments Act 2004 (Qld) (‘BCIPA’). Read More