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A win for builders: Court further refines scope of duty of care owed by builders to subsequent purchasers

A recent decision by the Queensland Court of Appeal has confirmed that there are very limited circumstances in which a builder will owe a duty of care to subsequent purchasers of property they built.

Converting security in Western Australia: the 5-business day warning

As a part of the Western Australian Government's reforms to the Building and Construction Industry (Security of Payment) Act 2021 (WA), a notice requirement was introduced regarding a party having recourse to security under the construction contract.

Court of Appeal holds payment schedule must answer each distinct and substantial component of payment claim

The NSW Court of Appeal has upheld a decision involving the validity of payment schedules under the Building and Construction Industry Security of Payment Act 1999 (NSW).

Festive season payment claims

Christmas is just around the corner, and as we approach the end of the year, it is important to remember the timing requirements for payment claims and payment schedules under the relevant security of payment legislation for each State and Territory.

Time will tell, or will it? 'Unfair' time bars in Western Australia's new security of payment model

While the time bar provisions in Western Australia's new security of payment provisions were well-intentioned, their introduction has made the law more complex.

Payment schedules should identify all amounts in dispute and why

What makes a valid payment schedule for the purposes of the Building and Construction Industry Security of Payment Act (NSW) (the SOP Act) has been clarified in a recent NSW Supreme Court case where Thomson Geer successfully acted for a Contractor making a payment claim.

Conditional certificates of practical completion are unlikely to be valid

A recent New South Wales Supreme Court decision has found that a practical completion certificate had no contractual effect for failing to comply with the contractual requirements governing the form of that certificate.

Is a letter of demand a payment claim?

A recent New South Wales Supreme Court decision has found that a letter of demand could constitute a valid payment claim for the purposes of the Building and Construction Industry Security of Payment Act 1999 (NSW).

Misleading and deceptive conduct trumps claimant's entitlement to payment

A recent decision confirms that misleading and deceptive conduct can be successfully advanced as a defence to an application for summary judgment made under the New South Wales Building and Construction Industry Security of Payment Act 1999.

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