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Searching Content indexed under Real Estate and Construction by Rocco Russo ordered by Published Date Descending.
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1
Legal liability for combustible cladding: have you assessed your risk?
Stakeholders should consider any potential liability implications of combustible cladding in their buildings or projects.
Australia
6 Jul 2019
2
Subcontractors charges in Queensland – what has changed under the BIF Act?
The BIF Act consolidates the laws for security of payment in the Qld building and construction industry into one Act.
Australia
13 Mar 2019
3
Creditor defeats unfair preference claim by liquidator
It is prudent to be circumspect in your written communications because a liquidator may try to use them against you.
Australia
8 Jun 2018
4
Property pitfalls: when it is unreasonable for a body corporate to refuse a motion?
Article discusses power of adjudicator to make orders resolving disputes in community title schemes.
Australia
30 May 2018
5
High Court of Australia dismisses application by builder to appeal QBCC insurance payout
Builders should now ensure that they challenge any adverse QBCC decisions before the QBCC makes an insurance payout.
Australia
19 Jan 2018
6
Builder dispute options limited following QBCC insurance payout
After the QBCC pays out under a homeowner's insurance policy, a builder has limited grounds to contest a QBCC recovery.
Australia
8 Sep 2017
7
Farm debt disputes in Queensland – new Act creates pitfalls for lenders
Mortgagees must offer mediation before commencing any enforcement action to recover outstanding farm business debts.
Australia
29 May 2017
8
BCIPA: High Court confirms that a valid construction contract payment claim requires a reference date
The decision provides certainty as to when payment claims are valid and effective in triggering the adjudication process.
Australia
17 May 2017
9
Resolving disputes over market rent pursuant to the Retail Shop Leases Act 1994 (Qld)
Commercial leases commonly provide for a rent review at intervals throughout the lease and on the exercise of any option.
Australia
30 Apr 2017
10
PPSA update: New Bill introduced to extend ‘PPS Lease' from one year to two years
The Bill aims to significantly reduce the regulatory impact the PPSA is having on short term hire and rental businesses
Australia
7 Mar 2017
11
Construction Agenda: Queensland proposals for project bank accounts
The Government is holding community and industry consultation and inviting feedback on a series of proposed reforms.
Australia
14 Feb 2017
12
Where do we stand on security of payments reform in the building and construction industry?
The article summarises the most important proposals for reform and lets you know what to look for in the months ahead.
Australia
7 Sep 2016
13
Construction Agenda – where do we stand on Security of Payments reform?
The article considers the current regimes in Queensland and New South Wales, the proposals and an update on the reforms.
Australia
3 Aug 2016
14
Statutory declaration preconditions to payment claims under construction contracts held to be invalid – NSW follows Queensland approach
A clause requiring the builder to confirm that compensation insurance premiums were paid, is also invalid under NSW law.
Australia
24 Mar 2016
15
BCIPA decision keeps the cash flowing: non-compliance with statutory declaration condition found not to prohibit payment claim
The requirement that the contractor sign the statutory declaration before making a progress claim was held to be void.
Australia
24 Aug 2015
16
Court considers whether latent defects claim against building consultants out of time
Act very quickly, both in investigating and seeking legal advice to make sure that the claims do not become out of time.
Australia
8 Mar 2015
17
BCIPA changes commenced 15 December 2014
These long-awaited BCIPA changes dramatically alter the landscape for payment claims and adjudications in Queensland.
Australia
23 Dec 2014
18
High Court adjudicates on builder’s liability to subsequent property owners
A recent High Court decision has far reaching implications for builders, developers, body corporates and owners.
Australia
8 Nov 2014
19
Court of Appeal reverses decision on BCIPA payment claim for work on land subject to mining lease
The decision re-opens the door for BCIPA payment claims to be made for certain works on land subject to a mining lease.
Australia
8 Jan 2014
20
Adjudicator's partial mistake voids entire BCIPA adjudication decision
The case confirmed that a jurisdictional error affecting part of an adjudication decision can render the decision void.
Australia
23 Jan 2013
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