Payment Terms In The Construction Industry (NSW)

Payment terms in the construction industry (NSW)

  • March 7, 2019

We have seen an increase in complaints from our client's about the payment terms they are subjected to in the construction industry. In most circumstances, these excessive payment terms are actually void pursuant to the Building and Construction Industry Security of…

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SOPA Amendments

SOPA Amendments

  • December 20, 2018

On 21 November 2018, the New South Wales Parliament passed the Building and Construction Industry Security of Payment Amendment Act 2018 (NSW) (Amendment Act) which means amendments will soon come into effect. The major changes to be implemented by the…

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Liquidated Damages And The Prevention Principle

Liquidated Damages and the Prevention Principle

  • October 22, 2018

A party who prevents another party from performing its obligations under a contract cannot make a claim in respect of that non-performance. This is commonly known as the "Prevention Principle". Most commonly, the Prevention Principle is raised as a a…

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Security Of Payment Act – Success Story

Security of Payment Act – Success story

  • October 8, 2018

We previously wrote an article (located here) earlier this year about challenging adjudication determinations and the grounds on which a stay may be granted. We recently acted on behalf of a developer who was on the end of an unsatisfactory…

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