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Posted Aug 31, 2017 Non compliant supporting statement means payment claim is invalid
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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 […]

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

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

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

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Posted Jul 27, 2017 Hello from the other side… of the PPS Bill
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The PPS Bill proposing an amendment to the definition of ‘PPS Lease’ in the Personal Property Securities Act has finally been passed – What does this mean for you? WHAT HAS HAPPENED? On 11 May 2017, the Personal Property Securities Amendment (PPS Leases) Bill 2017 was passed by Federal Government. The reforms extend the minimum […]

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