Articles

Archive

Posted Aug 31, 2017 Non compliant supporting statement means payment claim is invalid
Read

Case note: Mt Lewis Estate Pty Ltd v Metricon Homes Pty Ltd [2017] NSWSC 1121 In the recent decision of Mt Lewis Estate Pty Ltd v Metricon Homes Pty Ltd [2017] NSWSC 1121 delivered on 24 August 2017; the Supreme Court held that a payment claim was invalid because the accompanying supporting statement did not […]

Read
Posted Aug 31, 2017 Can the re-agitation of payment claims ever be OK?
Read

Case note: Arconic Australia Rolled Products Pty Limited v McMahon Services Australia Pty Ltd [2017] NSWSC 1114 Date of decision: 17 August 2017 There have been a number of cases which have made it clear that the Building and Construction Industry Security of Payment Act 1999 (NSW) was not intended to provide another chance for […]

Read
Posted Aug 31, 2017 Date of Practical Completion: Update from the NSW Court of Appeal
Read

Case Note: Abergeldie Contractors Pty Ltd v Fairfield City Council [2017] NSWCA 113 In April, we wrote about the NSW Supreme Court’s decision regarding the date of practical completion in the matter of Fairfield City Council v Abergeldie Contractors Pty Ltd [2017] NSWSC 166.  You can read the full case note here: http://kreisson.com.au/practical-completion-reached/ In that […]

Read
Posted Aug 31, 2017 Can a Subcontractor prevent a call being made on a performance bond?
Read

Case Note: CPB Contractors Pty Limited v JKC Australia LNG Pty Limited [2017] WASCA 123, Performance bonds given by a Subcontractor, usually in the form of a bank guarantee, are an important and integral feature of most major construction contracts. A recent decision of the Court of Appeal in Western Australia has highlighted the reluctance […]

Read