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  • Article

    Buying and selling property – The contract is key

    Ensure the contract meets your specific needs and requirements – do not assume the 'standard' contract is satisfactory.
    AustraliaReal Estate and Construction
    Clifford Gouldson Lawyers
    Clifford Gouldson Lawyers
  • Article

    Clarity or confusion on 'other arrangements' to which Security for Payments Act applies?

    This NSW decision may not be applied in Queensland, as the Qld Act also excludes the operation of the Act to guarantees.
    AustraliaReal Estate and Construction
    Holding Redlich
    Holding Redlich
Article

Court awards damages for building works not completed in a reasonable time

The Court determined an implied term of the contract required that building works be completed within a reasonable time.
AustraliaReal Estate and Construction
Madgwicks
Madgwicks
  • Article

    Dangers of Agistment: the need for a formal, written agreement

    A written agistment agreement between parties is a good start, as the owner is made aware of the results of non-payment.
    AustraliaReal Estate and Construction
    Madgwicks
    Madgwicks
  • Article

    Deposits and sale of land – take care when increasing deposits under deeds of variation

    The purchaser was ordered to pay the vendor an amount so that the vendor received 10% of the purchase price, but no more.
    AustraliaReal Estate and Construction
    Holding Redlich
    Holding Redlich
  • Article

    Developers take heed - Sunset clauses are no longer an excuse to wiggle out of contracts

    If you're a developer, this case is a reminder that you can't rely on sunset clauses as a means to rescind a contract.
    AustraliaReal Estate and Construction
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

    Diploma Construction (WA) Pty Ltd v best bar Pty Ltd [NO 2] [2015] WASC 230: Contractual records

    The case serves as a useful reminder of the importance of good record keeping, especially as to the terms of a contract.
    AustraliaReal Estate and Construction
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Don't expose yourself: Safeguards against misuse of confidential information

    Commercial enterprises in building and other spheres will always risk having their confidential information misused.
    AustraliaReal Estate and Construction
    Lovegrove & Cotton
    Lovegrove & Cotton
  • Article

    E-Alert: Building and Construction E-Alert No.3 of 2015 – The Net Tangible Assets (NTA) Issue

    The NTA formula is from the Queensland Building and Construction Commission's Minimum Financial Requirements Policy.
    AustraliaReal Estate and Construction
    Broadley Rees Hogan Lawyers
    Broadley Rees Hogan Lawyers
  • Article

    E-ALERT: Everything old is new again?: reference dates and payment claims in a construction contract

    A reference date is re-established as a precondition to the making of a valid payment claim in a construction contract.
    AustraliaReal Estate and Construction
    Broadley Rees Hogan Lawyers
    Broadley Rees Hogan Lawyers
  • Article

    Getting paid on a counterclaim needs a separate adjudication under the WA Construction Contracts Act

    To recover an amount by reason of a counterclaim, the respondent must initiate a separate adjudication under the CCA.
    AustraliaReal Estate and Construction
    Clayton Utz
    Clayton Utz
  • Article

    Home building contracts: Variations vs. price adjustments

    These terms have distinct meanings in the Home Building Contract, with different obligations for owners and builders.
    AustraliaReal Estate and Construction
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

    How time can be a commercial deal-breaker – and what to do about it

    The time between reaching the initial agreement and entering into a binding agreement is considered the 'risk period'.
    AustraliaReal Estate and Construction
    DibbsBarker
    DibbsBarker
  • Article

    Lease or licence? What is the difference and what is the best option for you?

    Understanding the difference is important when considering what type of arrangement is best for you and your business.
    AustraliaReal Estate and Construction
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

    Need for caution before signing a retirement village contract

    A retirement village contract can be long, complex and technical; hiding obscure pitfalls, loopholes and unexpected fees.
    AustraliaReal Estate and Construction
    Stacks Law Firm
    Stacks Law Firm
  • Article

    New Guidance On The Date Of 'Practical Completion' And Its Broader Implications

    The counter-argument that this ‘objective' interpretation would, in the context of delay or failure by the superintendent to certify practical completion...
    AustraliaReal Estate and Construction
    Dentons
    Dentons
  • Article

    Notice to complete upheld; vendor entitled to deposit and damages

    When the purchaser of the property failed to complete after a number of extensions, the vendor terminated the contract.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    NSW Supreme Court finds slab defects do not guarantee full replacement

    Recent case shows courts favour reasonable, proportionate remedies & warns plaintiffs against claiming only costly fixes without evidence of alternatives.
    AustraliaReal Estate and Construction
    Barry Nilsson
    Barry Nilsson
  • Article

    Pre-emptive rights to purchase in leases: Mayfair Property Holdings v Southland Packers

    Any right of first refusal (or other pre-emptive rights to purchase a property) in a lease will be construed strictly.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Significant changes proposed for security of payment legislation in NSW

    Proposed reforms are designed to promote cash flow for subcontractors and transparency in the contracting chain.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Showing 901–920 of 2838 results

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