Articles

David Glinatsis

Posted Sep 29, 2017 Release of interim Senate Report into non conforming cladding
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On 6 September 2017 the Senate Economics References Committee released its long awaited interim report following an extended inquiry on Non Conforming Building Products -aluminium composite cladding. The inquiry was initially established in June 2015 as a review of the impact of non conforming building products on the Australian building and construction industry. As part […]

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Posted Sep 29, 2017 Prevention, Good Faith and an Extension of Time
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Case Note Probuild Constructions (Aust) Pty Ltd v DDI Group Pty Ltd [2017] NSWCA 151 In the June 2017 decision of Probuild Constructions (Aust) Pty Ltd v DDI Group Pty Ltd [2017] NSWCA 15, the Court of Appeal dealt with a challenge to a determination by an Adjudicator who had rejected a claim for liquidated […]

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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 Jul 04, 2017 Personal liability for false and misleading statutory declarations
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In the recent decision 470 St Kilda Road Pty Ltd v Robinson [2017] FCA 597 the Federal Court held Chief Operating Officer of Reed Constructions Australia Pty Ltd (Reed) personally liable for approximately $1.5m for falsely declaring in a statutory declaration that all workers, subcontractors and suppliers had been paid. The case is a warning […]

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