Following the commencement of the Building and Construction Industry Payments Amendment Act 2014 (BCIPA) on 15 December 2014, a number of key amendments were introduced which parties to construction contracts should have an awareness of in 2015. Appointment of Adjudicators Prior to the amendment Act, claimants wishing to apply for
The Queensland Supreme Court in Lean Field Developments Pty Ltd v E & I Global Solutions (Aust) Pty Ltd & Anor  QSC 293 had to consider whether conditions can be placed on when a reference date may arise under the Building and Construction Industry Payments Act 2004 (QLD)(BCIPA). The
One of the features of construction projects are the different layers of contracts within the network, and of the levels, subcontractors usually find themselves at the bottom of the food chain. Therefore, security of payment (SOP) legislation plays a significant role in ensuring that all parties receive prompt payments throughout
Directors’ Duties: Traversing the corporate landscape of the bona fide and proper purposes rules in Bell
The Western Australian Supreme Court of Appeal decision in Westpac Banking Corporation v Bell Group Ltd (in liq) [No 3]  WASCA 157 shone a spotlight on the issue of the fiduciary duties owed by directors to act in the bona fide interests of the company, and for proper purposes.
Residential property acquired for commercial purposes: How influential is the Australian Consumer Law?
In Carter v Delgrove Holdings Pty Ltd  FCCA 783, the Federal Circuit Court had to determine whether the respondent engaged in misleading or deceptive conduct under s 18 of the Australian Consumer Law (the ACL) by first submitting the successful bid for a residential property in auction, then refusing
Clauses permitting a builder to a charge over the property for unpaid fees, and to lodge a caveat to protect the charge has become commonplace in relation to building contracts. However, it is important to bear in mind that the wording of charging clauses needs to be clearly drafted as
Express clauses terminating a contract without cause – also referred to as ‘termination for convenience’ or ‘termination at will’ clauses – have increasingly become a feature within construction contracts. Although gaining in popularity, the validity and operation of such clauses has largely remained unexplored, with the small number of cases
Arbitration is one of the most commonly used forms of alternative dispute resolution (ADR) within the construction industry, and trying to strike a balance between procedural fairness and finality can impose a number of challenges when relying on a third party to make a determination. Prior to the Commercial Arbitration
A building covenant is restrictive covenant and strictly defined a restrictive covenant is a provision in a deed limiting the use of the property and prohibiting certain uses. 1The term is also used to describe a promise contained in any contract or agreement relating to land. 2Please keep in mind
What is an Instalment Contract? An “Instalment Contract” is a contract for sale of land in terms of which the Buyer is bound to make payment or payments (other than a deposit) without becoming entitled to receive a conveyance in exchange for the payment or payments.1 Buyers and sellers alike