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Construction and Infrastructure

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Thomson Geer won a landmark case clarifying for the Victorian building industry when the 10-year limitation period for commencing a building action takes effect. The win in the Victorian Court of Appeal overturned an earlier Supreme Court decision which held that where multiple occupancy permits are issued for the same building works, the limitation period under section 134 of the Building Act 1993 (Vic) commences on the date of the ‘final’ occupancy permit for the works.

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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 legislation for each State and Territory.

Construction

Inadvertence: A failure to obtain a building work contractor's licence in South Australia

In Allied Grain Systems P/L v Inheritance Capital Asset Management P/L [2023], Thomson Geer successfully acted for Allied Grain Systems, clarifying what is required to establish inadvertence for the purposes of obtaining an exception to licensing requirements under the Building Work Contractors Act 1995 (SA)

Construction

From rocks to riches: Unravelling the mining exclusion and notice requirements to pull security under the QBCC Act

A recent decision by the Supreme Court of Queensland has made clear the mining exclusion in the Queensland Building and Construction Commission Act relieves a party to a contract for "construction work in mining" from complying with requirements under the Act.

Construction

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.

Construction

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.

Construction

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).

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 legislation for each State and Territory.

Construction

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.

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Thomson Geer is one of Australia's largest independent corporate law firms. We are trusted by companies, governments and institutions to act for their commercial and legal interests.

Thomson Geer acknowledges the Traditional Custodians of Country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander peoples today.