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Construction and Infrastructure

ACCIONA

Advising ACCIONA which, in a 50-50 joint venture, has been engaged by Australian Rail Track Corporation (ARTC) to deliver the Inland Rail Southern Civil Works Program.

KEY PEOPLE:

Sydney

Simon Ralton

Sydney

Adam Wallwork

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Construction

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.

Construction

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.

Construction

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).

Construction

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.

Construction

Uncertain construction contract leads to void adjudication determination

Thomson Geer's construction and infrastructure team has successfully acted for Queensland construction company GCB Constructions Pty Ltd (GCB) in a Supreme Court of Queensland proceeding involving an application to have an adjudicator's decision purportedly made under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act) declared void.

Construction

Changes to the Project Trust Account framework in 2023

With 2023 comes yet another extension to the Project Trust Account (PTA) commencement dates in Queensland.

Construction

Don’t forget to give your reasons when challenging a payment claim – or risk the consequences

The importance of providing reasons when challenging a payment claim has been reinforced by a recent Supreme Court of Queensland decision.

Construction

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 (SOP) legislation for each State and Territory.

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