Exciting News for Subcontractors Needing to Recover Retention Money!
Hunters Green Retirement Living Pty Ltd v JG King Project Management Pty Ltd [2023] VSC 536 In a recent case delivered on 8 September 2023, the Supreme Court of Victoria examined whether claims by a contractor for the return of retention funds qualified as “payment claims” under the Act. JG King was to provide retention funds […]
Cross Hire Agreement Template
As part of the Crane Industry Coucil of Australia’s Business Essentials (CBE), Level Playing Field is working with CICA to produce a cross hire agreement template.The aim of this cross hire agreement template is to facilitate efficient contracting between crane owners, hirers, operators and construction company members, plus reduce the risk of disputes between members. Through your submissions […]
Employers should be cautious when dismissing employees (even high income earners)!
Did you know a high earning employee can still make an unfair dismissal application if they are covered by an award or enterprise agreement and meet other eligibility criteria? Unfair dismissal is when an employee is unreasonably dismissed from their job. If employees think they have been unfairly dismissed they can apply to the Fair […]
New penalties for unfair contract terms in standard form contracts
There are important changes to laws about unfair contract terms in standard form contracts. These are important to know if you are a subcontractor who enters into standard form contracts with builders. Key points: The new laws will apply to standard form contracts from 10 November 2023. The news laws will stop a party from using […]
Disputing liquidated damages and delay
Good news! Liquidated damages are not to be considered under the Building and Construction Industry Security of Payment Act 2002 (Vic) (SOPA). Even if you are significantly delayed in disputing them. Excluded amounts under SOPA Some claims are ‘excluded amounts’ which cannot be taken into account when calculating the progress payments a party is entitled to, for example: […]
More ways to protect your business with security interests
The recent case of court case of AWE Perth Pty Ltd v Clough Projects Australia Pty Ltd shows that there are more ways to protect your business when entering into a construction contract. Key Points: Security interests are important to protect your rights under a contract Security interests can be over commercial property or intangible […]
Domestic Building Contracts – Why homeowners and developers should obtain legal advice before signing
Lessons from the liquidation of Porter Davis, Hallbury Homes and others. Method B is commonly used in Domestic Building Contracts, and many future homeowners sign them without full knowledge of the potential consequences. However, the illustration of what that payment structure is, is labelled “Method A” Method A The standard payment schedule (“Method A”) is: Method B […]
Case summary: Insolvent companies can still claim debts through Security of Payments Legislation.
The recent decision in the case of Kennedy Civil Contracting Pty Ltd (Administrators Appointed) v Richard Crookes Construction Pty Ltd shows that companies can still claim for unpaid debts even if they are insolvent. This is case shows how powerful SOPA can be to claim debt. Even insolvent companies can be entitled to hundreds of thousands […]
Construction and Infrastructure Partner of the Year Award 2023 Finalist
We are excited to announce that our Principal Lawyer Ping Gangur is a finalist in the Construction and Infrastructure Partner of the Year Award 2023! This is a premier event that will bring together some of the best lawyers at a partner level around the nation, from specialist boutique firms to national top tier law firms. […]
Inquiry into the non-payment of construction workers
An update on our submission to the Victorian government Submissions to the inquiry into non-payment of construction workers has now closed. We’ve spent the last few weeks talking to workers and business owners who have been affected by this issue. We heard from subcontractors, builders, plumbers and more who haven’t been paid for works or […]