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Disputed Debt Recovery with Security of Payments Act
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ENFORCEMENT OF SOPA JUDGMENT
Case Summary: McDonald v MAK Constructions and Building Services Pty Ltd [2024] NSWCA 63 Background: In early 2022, a residential building contract between Ms. McDonald (the owner) and MAK Constructions (the builder) was terminated due to breach. The builder sought payment for work done under the Security of Payment Act (SOPA), while the owner pursued […]
Lessons from Recent Construction Disputes
Dispute about Dry Hire Agreement We acted for a crane company (Owner) that was engaged by another crane company (Hirer) under a dry hire arrangement. The hire agreement continued for a number of years. A dispute arose about unpaid hire charges and damage to the crane. The Owner promptly recovered the crane but was unable […]
Exciting News for Subcontractors Needing to Recover Retention Money!
Exciting News for Subcontractors Needing to Recover Retention Money! Home | Blog | Case Studies | 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 […]
Employers should be cautious when dismissing employees (even high income earners)!
Employers should be cautious when dismissing employees (even high income earners)! Home | Blog | Articles | 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 […]
New penalties for unfair contract terms in standard form contracts
New penalties for unfair contract terms in standard form contracts Home | Blog | Articles | 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. […]
More ways to protect your business with security interests
More ways to protect your business with security interests Home | Blog | Articles | 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: […]
Case summary: Insolvent companies can still claim debts through Security of Payments Legislation.
Case summary: Insolvent companies can still claim debts through Security of Payments Legislation. Home | Blog | Case Studies | 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 […]
The Importance of Deadlines for Issuing a Payment Schedule
The Importance of Deadlines for Issuing a Payment Schedule Home | Blog | Case Studies | The Importance of Deadlines for Issuing a Payment Schedule The Queensland Court of Appeal’s recent decision in Allencon Pty Ltd v Palmgrove Holdings Pty Ltd trading as Carruthers Contracting [2023] QCA 6 highlights the importance of being aware of the deadlines for […]
Breach of contract, misleading and deceptive conduct, director’s personal liability
Breach of contract, misleading and deceptive conduct, director’s personal liability Home | Blog | Case Studies | Breach of contract, misleading and deceptive conduct, director’s personal liability CLIENTResidential Building Company (“Head Contractor”) OTHER PARTYKitchen contractor (“Subcontractor”) CONTRACTSupply and install of kitchen and bathroom joinery BREACH OF CONTRACT DAMAGES$50,680.00 including GST COURT ORDER$50,680.00 including GST, Interest of $472.09 and […]
Negotiations regarding variations
CLIENTRigging Contractor (“Subcontractor”) OTHER PARTYHead contractor (“Head Contractor”) CONTRACTContract to install structural steel to a recreational facility in Melbourne PAYMENT CLAIM$80,434.76 including GST PAYMENT SCHEDULE$46,141.00 The Head contractor withheld $80,343.76 for the recreational facility and withheld $61,055.54 on another job that was already completed. The initial payment schedule stated the payment proposed was $46,141.00. The difference related […]
Withholding payment, defects and litigation
Withholding payment, defects and litigation Home | Blog | Case Studies | Withholding payment, defects and litigation CLIENTTiling Contractor (“Subcontractor”) OTHER PARTYHead contractor (“Head Contractor”) CONTRACTInstall paving on pedestals based on a square metre rate PAYMENT CLAIM$31,530.37 including GST PAYMENT SCHEDULENot provided ADJUDICATION AWARD$31,530.37 including GST, penalty interest and adjudication costs The tiling contractor entered into a contract […]
Security of payment technicalities, service
CLIENTStructural Steel Contractor (“Subcontractor”) OTHER PARTYHead contractor (“Head Contractor”) CONTRACTConstruction of a large grocery chain in Melbourne PAYMENT CLAIM$249,723.52 including GST PAYMENT SCHEDULE$110,884.50 ADJUDICATION AWARD$249,723.52 including GST BACKGROUNDThe contract was for the steel detailing, supply and installation of structural steel for a commercial shopping centre. The Head Contractor had been engaged using a design and […]
Letter of Demand
CLIENTTimber Flooring Contractor (“Subcontractor”) OTHER PARTYHead contractor (“Head Contractor”) CONTACTInstallation of Jarrah flooring to new dwelling PAYMENT CLAIM$8,840.50 including GST OUTSTANDING AMOUNT$2,210.00 The Subcontractor was contracted for the supply and installation of Jarrah flooring. The Head Contractor made payment for supply. After completion, the Head Contractor failed to respond with a time for payment. The […]
Allegations of defects and backcharges
CLIENTStructural Steel Contractor (“Subcontractor”) OTHER PARTYHead contractor (“Head Contractor”) CONTRACTConstruction of an extension to a high school in Melbourne PAYMENT CLAIM$173,922.63 including GST CONCLUSION1. Variations are claimable if the contract provisions for variations are followed. If an instruction to complete a variation is given, the head contractor is liable for the cost. 2. Backcharges are […]
Case Study: Shamrock Cabinets Pty Ltd v Hutchings (Building and Property)
Shamrock Cabinets Pty Ltd v Hutchings (Building and Property) [2022] VCAT 1156 Case Summary: Key Takeaways: Need help? If you are unsure whether a MDB Contract is required for your job or if you meet registration requirements, seek legal advice. We can assist with drafting contract templates specific to your trade.
How to recover debts using a Statutory Demand
CASE STUDY #1 In the Matter of Jana Pty Ltd [2022] NSWSC 112 FactsOn or around 19 January 2022, Jana Pty Ltd (Landowner), Allspec Constructions and Project Management (ACMP) (Subcontractor) and other five parties, entered into a deed (Deed). In the Deed, Clause 2.1 provided that “the Head Contractor acknowledged and agreed upon the execution […]
Understand Construction Contract – Read before you sign
CASE STUDY V601 Developments Pty Ltd v Probuild Constructions (Aust) Pty Ltd [2021] VSC Facts V601 Developments Pty Ltd (V601) engaged Probuild Constructions (Aus) Pty Ltd (Probuild) for development and construction of a project know as the Precinct Project, which comprised 5 separate buildings and 467 apartments. First Urban Pty Ltd was appointed by V601 […]
Payment claims must only relate to one Construction Contract
CASE STUDY Ventia Australia Pty Ltd v BSA Advanced Property Solutions (Fire) Pty Ltd [2021] NSWSC 1534 Facts BSA Advanced Property Solutions (Fire) Pty Ltd (Subcontractor) and Ventia Australia Pty Ltd (Head Contractor) entered into a subcontract to carry out fire asset maintenance service. The subcontract enabled the Head Contractor to issue “work orders” to the […]
Employee who refused to get the jab has unfair dismissal claim dismissed
CASE STUDY – Maria Corazon Glover v Ozcare [2021] FWC 2989 Background of case Ms. Glover was a care assistant employed by Ozcare. Her role required her to work closely with elderly clients.In April 2020, Ozcare’s workplace employee immunisation policy was amended to mandate that employees receive the influenza vaccination. These amendments were in response […]
Liquidated Damages and the Prevention Principle
CASE STUDY – Bensons Property Group Pty Ltd v Key Infrastructure Australia Pty Ltd & Ors [2021] VSCA 69 What is the Prevention Principle? The ‘prevention principle’ is a legal doctrine that protects a subcontractor from liquidated damages for delays caused by the principal / main contractor.The basic idea:A party should not be permitted to […]
Lacrosse Appeal: Findings and Implications of Judgement
CASE STUDY – Tanah Merah Vic Pty Ltd v Owners Corporation No 1 and Ors [2021] VSCA 72 Background At around 2:23am on 24 November 2014 a fire broke out at the Lacrosse apartment tower (Lacrosse) which started from an incompletely extinguished cigarette butt left to burn out in a plastic container. The fire spread […]
