Withholding payment, defects and litigation
CLIENT Tiling Contractor (“Subcontractor”) OTHER PARTY Head contractor (“Head Contractor”) CONTRACT Install paving on pedestals based on a square metre rate PAYMENT CLAIM $31,530.37 including GST PAYMENT SCHEDULE Not provided ADJUDICATION AWARD $31,530.37 including GST, penalty interest and adjudication costs The tiling contractor entered into a contract to install paving on pedestals. After the 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 […]