Construction Law

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 … Continued

Don’t get ripped off by Phoenix Companies! There has been a recent crackdown on the construction industry relating to ‘phoenix companies’. A phoenix company relates to companies who suddenly shutdown their company with the intent to evade outstanding debts and then start trading again under a new company. The new company is often operated under … Continued

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 … Continued

Amendments to the Home Building Act 1989 – CTI Lawyers On 5 June 2014, the Home Building Amendment Act 2014 (NSW) was passed by NSW Parliament and will formally commence on a date to be proclaimed. The changes will affect all construction industry participants including NECA members carrying out works in NSW.

Important changes to the Queensland Building and Construction Commission Act 1991 On 1 December 2013, the Queensland State Government introduced fundamental changes to the regulations of the construction industry in Queensland. These changes are centralised around the regulatory body and law governing the construction industry, and a new exception regarding the requirement to have a … Continued

CTI LAWYERS UPDATE – THE SECURITY OF PAYMENT AMENDMENT ACT COMMENCED ON 21 APRIL 2014 AND AFFECTS ALL CONTRACTS ENTERED INTO AFTER 21 APRIL 2014 The amendments to the Building and Construction Industry Security of Payment Amendment Act 2013 (“the Act”) commenced on 21 April 2014 and will apply to all contracts entered into from … Continued

Proposed Changes to the Building and Construction Industry Payments Act 2004 (QLD) The Queensland Government have announced a number of proposed changes to the Building and Construction Industry Payments Act 2004. The main changes are focused on the adjudication process, timeframes in which progress claims can be made and opportunities for respondents to provide reasons … Continued

ALERT – THE SECURITY OF PAYMENT AMENDMENT ACT WILL COMMENCE ON 21 APRIL 2014 AND AFFECT ALL CONTRACTS ENTERED INTO AFTER 21 APRIL 2014 – CTI LAWYERS The NSW government has recently announced that the amendments to the Building and Construction Industry Security of Payment Amendment Act 2013 (“the Amendment Act”) will commence on 21 … Continued

J D Rigging Pty Ltd v Agripower Australia Ltd Ors 2013 QCA 406 – CTI Lawyers Case Summary Decision Overturned:

The Building and Construction Industry Security of Payment Amendment Act 2013 In 2013, an Amendment Bill was passed through Parliament that included a number of recommendations to the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Amendment Act”).

This  is a quick blurb about the Security of Payment Act that may help you understand it, and use it. Construction Trade Industry Lawyers have had many successes this year- getting payment for them by using the Act.

As stated by the Department of fair Trading when entering into Contracts where any work is undertake in respect of Residential Units or Home Building members should take the following into consideration: 1. Contracts for works valued at over $1,000 to $5,000.Jobs worth between $1,001 (including GST) and $5,000 must be in writing and preferably … Continued