The latest Construction Bulletin from DLA Phillips Fox is now
available. The Construction Bulletin is designed to keep you
updated on the legal developments, trends, cases and legislative
changes affecting the Australian construction industry.
In this issue:
Conditions of tendering prevail in giving all clear to abandon
a tender process.
Reviling or reviving arbitration?
Judicial review under the Security of Payment Act - a win for
'From the reference date' means 'on the reference
Collaborative & Co-operative law – the new face
of alternative dispute resolution in construction.
Corporations found liable for Security of Payment claims over
residential building work.
Subsequent owner loses claim for breach under the Home Building
ByScott Alden and Alyson
A recent judgment in Canada suggests that it may be time for
tenderers to pay more attention to the terms of the conditions of
tendering and consider the exclusions and discretions surrounding
the tender process.
By Jane Hider and Dean
In the recent decision of Grocon Constructors v PlanIT Cocciardi
Joint Venture (No. 2)  VSC 426 the Victorian Supreme Court
has held that decisions of adjudicators and review adjudicators
under the Building and Construction Industry Security of Payment
Act 2002 (Vic) may be subject to judicial review.
By Andrew Kelly and Richard
Reed Constructions (Qld) Pty Ltd v Martinek Holdings Pty Ltd 
QSC 345 confirms for a payment claim to be valid under the Building
and Construction Industry Payments Act 2004 (Qld) it must be served
'on' the reference date rather than 'from' the
By Julian Troy and Lindsay
In Advance Earthmovers Pty Ltd v Fubew Pty Ltd  NSWCA 337,
the New South Wales Court of Appeal has found that a corporation
cannot be considered a 'resident' of a premises and as a
result is liable to claims under the Building and Construction
Industry Security of Payment Act 1999 (NSW) (SOP Act). The
residential exclusion under the SOP Act was deemed not effective
against a corporation. The decision clears the way for building
contractors to issue claims under the SOP Act to corporate land
owners and developers for disputes concerning residential building
By David Jury and Alison
In Allianz v Waterbrook  NSWCA 224, the NSW Court of Appeal
held that no loss was suffered by the subsequent purchaser of a
property as they had full knowledge of the defects in the building
work at the time of purchase.
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