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 [...]

Service of Notices under the Building and Construction Industry Security of Payment Act 1999

  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 your contract provides for service by facsimile.   These changes were brought about by the Electronic Transactions Legislation Amendment (Government [...]

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 [...]

By |October 27th, 2015|Construction Law|Comments Off on SIGNIFICANT CHANGES TO NSW BUILDING DEFECT LEGISLATION

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 [...]

By |October 27th, 2015|Construction Law|Comments Off on DISPUTES WITH YOUR BUILDER OVER HOME BUILDING DEFECTS

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 [...]

By |October 27th, 2015|Construction Law|Comments Off on RESOLVING DOMESTIC BUILDING DISPUTES

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 [...]

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 [...]

UPDATE! Security Payments Amendment 2014 in QLD

On 11 September 2014, the Building and Construction Industry Payments Amendment Bill 2014 was passed by Parliament in Queensland. These amendments will affect the provisions in the Building and Construction Industry Payments Act 2004 (Qld). Note however these amendments only come into effect and become law on a date to be fixed by proclamation which [...]