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…
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…
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… |