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Searching Content indexed under Construction & Planning 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
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
5
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
6
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
7
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
8
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
9
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
10
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
11
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
12
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
13
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
14
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
15
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
16
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
17
Builder Pays Indemnity Costs For Building and Construction Industry Payments Act (BCIPA) Statutory Demand
The decision in Tesoro MB Pty Ltd v Total Building Group Pty Ltd [2009] FCA 802 (24 July 2009) provides important clarification on the law relating to statutory demands in the context of adjudications under the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA).
Australia
3 Aug 2009
18
Will You Need To Go To QCAT?
A great number of complex legal disputes involving a variety of industries are determined in Queensland tribunals these days.
Australia
6 Jul 2009
19
Court Reviews Quantum Meruit Claims
In the recent decision of Sopov & Anor v Kane Constructions (15 June 2009) the Victorian Court of Appeal considered the entitlement of a builder to make a claim outside of a contract for the reasonable value of construction works (known as a "quantum meruit" claim).
Australia
25 Jun 2009
20
Contract Trumps Unjust Enrichment - Building Dispute Escalates to High Court
On 18 June 2008, the High Court delivered an important decision in Lumbers -v- W Cook Builders Pty Ltd (In Liquidation) (2008) HCA 27.
Australia
6 Aug 2008
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