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Incoming Amendments to the Building and Construction Industry Security of Payment Act 1999 (NSW)

Australia - July 30 2019 “On and from each reference date”, a person is entitled to a progress payment. The following section 8 and the concept of a “reference date” are to be…

Cris Cureton, Avendra Singh, David Starkoff, Gregory Steinepreis

High Court Set to Rule on the Availability of Quantum Meruit in Construction Termination Cases Mann & Anor v Paterson Constructions Pty Ltd (M 197/2018)

Australia - June 10 2019 The High Court will soon rule on a builder's availability to recover payment on a "quantum meruit" basis in circumstances where an owner…

Emily O'Mahony, Gregory Steinepreis

Insolvency to Become a Bar to the Application of SOPA in NSW - But Not Yet

Australia - March 28 2019 In New South Wales (NSW), unlike in Victoria, claimants in liquidation have been able to make claims under Security of Payments Acts (SOPA). This has…

Brodie J. Millington, Avendra Singh

New South Wales Government to Massively Increase Penalties for Developers That Fail to Comply With Defect Bond Scheme

Australia - August 23 2018 The New South Wales government is set to vastly enhance its powers of enforcement against developers that do not comply with the recently introduced…

Avendra Singh

The Prevention Principle and Implied Duty of Good Faith in Construction Contracts

Australia - June 28 2017 The recent decision of Probuild Constructions (Aust) Pty Ltd v DDI Group Pty Ltd [2017] NSWCA 151 emphasises the ongoing importance of the…

Tim O'Shannassy, Brendan J. Reilly