In the construction industry, it is common for a parent company/guarantor of a contractor to provide a guarantee to the principal. The guarantee usually includes the assumption...

After a spate of issues plaguing the building and construction industry in recent years, the NSW government is proposing the introduction of a decennial liability insurance scheme (DLI)...

Directors of contractors should be relieved to hear that in the recent case of Oxford v KR Properties, the Supreme Court rejected a claim against a contractor's director for breach of duty under section 37...

The Minns Labor Government of New South Wales is taking what it believes to be decisive action to address the challenges posed by the State's fast-growing population.

The effectiveness of incentive clawback provisions, whilst common in commercial leasing transactions, continues to be uncertain.

Commercial parties tend to operate in fluid and fast paced environments. Frequently formal contracts are entered into or amended late or possibly not at all.

It is common for bank guarantees (BGs) to be used as a form of security to secure the performance of a contractor's obligation in a construction contract. A principal's right to have recourse...

Since supporting statements were introduced into the Building and Construction Industry Security of Payment Act 1999 NSW (Act) a question has been whether a payment claim served without one...

Most lawyers know that there are special rules governing service of proceedings outside of Australia, but there are also statutory provisions governing...

Section 420A of the Corporations Act 2001 (Cth) (Act) obliges a receiver exercising a power of sale to take all reasonable care to sell the property for market value or the best price reasonably obtainable.

If a product supplied or installed falls short of what was contractually promised, the aggrieved party is generally entitled to claim damages. The recent New South Wales Court of Appeal decision...

The recent case of Bega Valley Shire Council v Kenpass Pty Ltd [2024] NSWSC 399 ("Bega Council v Kenpass") discusses the level of consideration an adjudicator...

The Building Information Model (BIM) is a tool used in construction to create 3D models of building projects.

The recent Supreme Court decision in Equa Building Services Pty Ltd v A&H Floors 2 Doors Australia Pty Ltd [2022] NSWSC 152 (Equa) has re-emphasised the importance of strict compliance with the provisions...

Bank guarantees are a familiar presence in construction contracts. They are seen to be "as good as cash" and the holders of bank guarantees call on the guarantees when there is a dispute with a contractor or subcontractor providing the bank guarantee.

AM Darlinghurst Investment Pty Ltd as trustee for AM Darlinghurst Investment Trust v Growthbuilt Pty Limited [2024] NSWSC 825

The case of Miller v LMG Building Pty Ltd [2023] NSWSC 995 is a reminder of the obligations of an adjudicator when making a determination under the Building and Construction...

Marketing material for a high end off the plan apartment included a depiction that there would be a free span opening and seamless transition between internal living areas and an outside terrace.

On 22 September 2021, a magnitude 5.9 earthquake struck Victoria. Undoubtedly, this led many construction managers in Melbourne to review their contracts to assess who bears the risk for any damage caused.

A ‘pay when paid' provision is one where the release of retention under a subcontract is dependent on the operation of a clause of the head contract.