The Building Code 2013 (“Code”) has recently been amended to introduce a mandatory requirement for contractors and building industry participants involved in government funded construction projects to: implement a comprehensive policy on drug and alcohol testing...
LESSER RIGHTS FOR UNIT OWNERS? With an ever increasing number of people living or working in Strata Developments, it is somewhat daunting that the rights which lot owners have in relation to buildings in community title schemes do not appear to be as protected as...
FOREIGN INVESTMENT REVIEW BOARD (“FIRB”) CHANGES EFFECTIVE 1 DECEMBER 2015 Foreign persons are required to apply for FIRB Approval prior to purchasing residential real estate in Australia. Currently, there are no fees payable to FIRB by a buyer for the making of this...
Construction contracts, particularly the Australian Standard general conditions, routinely include liquidated damages clauses requiring one party to pay damages arising from some breach of contract or a defect. Such terms will be unenforceable as a penalty clause if...
Reference dates in construction contracts are vital to the operation of the Building and Construction Industry Payments Act 2004 (Qld) (“BCIPA”). A party’s right to a progress payment (and to also make a payment claim) under BCIPA is dependent upon the claimant...
OVERVIEW Over the last couple of years, the regulation of the construction industry has been going through an overhaul as a result of the inquiry into the operation and performance of the Queensland Building Services Authority (“QBSA”) in 2012. In mid 2013, the...
Business owners often ask us about the technical requirements for signing and dating contracts. Litigation & Insolvency Partner Sarah Davies, points out a number of matters you should keep in mind: A company can sign documents by having them signed by two...
Amendments to the Building & Construction Industry Payments Act 2004 (QLD) have altered the timeframes for the filing of payment claims, payment schedules, adjudication applications and adjudication responses. CLICK HERE TO READ THE NEW BCIPA TIMEFRAME DETAILS
As published in CK Momentum Issue 3 (Click here to download) The Building and Construction Industry Payments Act 2004 (“BCIPA”) regime is intended to be an efficient and reasonably low cost method for contractors and subcontractors to ensure payments are made to...
Allana Agnew, an Associate in our Litigation and Insolvency team, attended a Discussion Evening held by the Building Dispute Practitioners Society in August 2014. Presenting at the Discussion Evening was the new Chairman of the Board and Commissioner of the Queensland...
The Building and Construction Industry Payments Act 2004 (“BCIPA”) underwent significant amendments which were passed by Parliament on 11 September 2014. FURTHER AMENDMENTS Since we last reported on the amendments to the BCIPA, the Queensland Government has passed...
The consultation period recently ended for draft AS11000 General Conditions of Contracts (“AS 11000”) from Standards Australia. AS11000 isa new standard contract that is intended to provide general guidance for legal contracts in all sectors of industry, including...