Leveling the Playing Field: How CICA’s New Template is Changing the Crane Industry
At Level Playing Field Lawyers, we’re proud to announce a landmark collaboration with the Crane Industry
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.
Some claims are ‘excluded amounts’ which cannot be taken into account when calculating the progress payments a party is entitled to, for example:
Since the recent decision in Goldwind Australia Pty Ltd v ALE Heavylift (Australia) even if a company fails to immediately dispute the liquidated damages they can still “claw back” previously uncontested deductions.
So, even though the Company waited a year to dispute the damages it can still claim payment of $400,000.
Contact us about minimising your liquidated damages risk,.
This is how we approach it:
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