Articles

When making an application for a building licence under the Home Building Act 1989 (HBA) it is assessed by Fair Trading using a policy known as “The Instrument” which sets out the policies for the approval process. There are three main types of licence to apply for:- A contractor licence which allows you to contract and…

On 12 June 2019 the decision of Lendlease Engineering Pty Ltd v Timecon Pty Ltd [2019] NSWSC 685 was delivered by Ball J. This case was a departure from other case law on the question of whether “a contract or other arrangement” under the Building and Construction Industry Security of Payment Act 1999 (NSW) (the SOP…

PROPOSED NEW STATUTORY TRUST ACCOUNT  In our recent article, Amendments to the Security of Payment Act are commencing 21 October 2019,1 we outlined some of the changes to the Security for Payment Act 1999 which will commence on 21 October 2019. The Government is also considering introducing a new Statutory Trust account to further protect…

AMENDMENTS TO THE SECURITY OF PAYMENT ACT ARE COMMENCING 21 OCTOBER 2019 The amendments to the Building and Construction Industry Security of Payment Act 1999 1 (NSW) (SOP Act) will commence on 21 October 2019. On 19 July 2019 the Governor also approved the amendments to the NSW Building and Construction Industry Security of Payment…

10 POINT COMMITMENT In December 2018 the Construction Leadership Group (CLG)1 issued an industry discussion paper entitled “Guidance on security for construction projects”.2 The Security Discussion Paper addresses specific issues raised in June 2018 by the CLG with a 10 point commitment to the construction sector known as the “NSW Government Action Plan”.3 COMMITMENT No.…