Articles

Posted Jun 01, 2021 Phoenix Activity: When Legality Turns Murky
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WHAT IS ILLEGAL PHOENIX ACTIVITY? Kreisson is often asked by trade suppliers, professional consultants, and subcontractors in the building and construction industry to help recover unpaid debts from ‘phoenix’ operators. Illegal phoenix activity involves the creation of a new company to take over an existing business for often less than market value. After it has…

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Posted May 26, 2021 CONSTRUCTION LAW REFORM
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THE DESIGN AND BUILDING PRACTITIONERS ACT 2020 (NSW); and THE RESIDENTIAL APARTMENT BUILDINGS (COMPLIANCE AND ENFORCEMENT POWERS) ACT 2020 (NSW) Two significant pieces of legislation have come into effect in NSW recently which have retrospective application, which means that they apply to buildings that have already been constructed. They are: 1.   The Design and Building…

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Posted May 17, 2021 Using “Without Prejudice” Without Error
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The words “without prejudice” are arguably some of the most misused words in business and commercial dealings. Using those words does not automatically and magically cloak your documents, correspondence or discussions with the protection that it will not be used against you in Court proceedings. To obtain that benefit, those documents, correspondence and discussions must…

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Posted Apr 26, 2021 SOPA Update on Supporting Statements
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It has been conventional wisdom that a head contractor’s payment claim in NSW is invalid unless it is accompanied by a supporting statement. Those statements list all subcontractors on the project and confirms that each has been paid. However, some of NSW’s most senior judges, in a case called TFM Epping Land Pty Ltd v…

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Posted Mar 29, 2021 Payment Schedules: Make Your First Shot Your Best Shot
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INTRODUCTION It is vital to ensure that payment schedules in the building, construction and engineering industries are as detailed and comprehensive as possible.  That is because under section 20(2B) of the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act), a respondent to a payment claim cannot include in its adjudication response any reasons for withholding payment that were not included in its payment schedule.  In addition,…

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