Tag Archives: building and construction

ILN Today Post

Home Building Amendment Bill – change is on the horizon

For many years the Office of Fair Trading has been promising a rewrite of the Home Building Act (Act).  Now the New South Wales Government has passed the Home Building Amendment Bill.  read more

 

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ILN Today Post

Avoiding the common pitfalls when drafting an expert determination clause; The State of NSW v UXC Limited [2011] NSWSC 530

The recent case of The State of NSW v UXC Limited serves as an important reminder to parties of the importance of clarity when it comes to expert determination clauses.  read more

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ILN Today Post

Security of payment alert: termination of building and construction contracts and the subsequent limitations on security of payment rights

By Scott Laycock and Stephanie Venuti of Gadens Lawyers, Sydney

The recent Queensland Supreme Court decision of Walton Constructions (QLD) Pty Ltd v Corrosion Control Technology Pty Ltd & Ors [2011] QSC 67 (Walton) arms respondents with an additional defence to payment claims and presents a new risk to claimants in further limiting their rights to pursue payment under security of payment regimes.  read more

 

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ILN Today Post

Building and Construction Update

Proportionate Liability – still causing insurance havoc

By Ray Giblett and Scott Laycock of Gadens Lawyers, Sydney

It is now several years since the commencement of proportionate liability in New South Wales[1] yet it continues to wreak havoc in the allocation and management of risk in a variety of contexts.  This is particularly so in the context of construction projects where parties routinely contract out of proportionate liability in an attempt to avoid a multiplicity of claims arising when something goes wrong.  read more

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