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Construction and Engineering

Posted Nov 22, 2017 Service by Aconex and the Security of Payment Act
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Case Note: Watpac Constructions (NSW) Pty Limited v Charter Hall Funds Management Limited [2017] NSWSC 865 In the recent decision of Watpac Constructions (NSW) Pty Limited v Charter Hall Funds Management Limited [2017] NSWSC 865 (Watpac Case), the Supreme Court of New South Wales considered (amongst other things), the issue of service of a payment […]

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Posted Nov 20, 2017 Reference date, preconditions, supporting statements and service by a “good Samaritan” all in one SOPA case
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Case note: Castle Constructions Pty Ltd v Ghossayn Group Pty Ltd [2017] NSWSC 1317 There have been a number of decisions of the NSW Supreme Court which have dealt with the consequences of a head contractor serving a Payment Claim that is not accompanied by a supporting statement under section 13(7) and s13(9) of the […]

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Posted Nov 17, 2017 A Deeming Provision and a Contractual Fiction
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Case Note All Seasons Air Pty Ltd v Regal Consulting Services Pty Ltd [2017] NSWCA 289 Earlier this year, we wrote about the decision of the Supreme Court of NSW in the matter of Regal Consulting Services Pty Ltd v All Seasons Air Pty Ltd, in which the Court found in favour of the plaintiff. […]

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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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