Amendments to the Building Industry Fairness (Security of Payment) Act 2017 (Qld)

2 October 2020

Several key amendments to the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (‘Act’) have been released by the Queensland Government that will impact on NECA members in QLD.  A number of changes will come into operation on 1 October 2020 concerning new offences that are now subject to penalties, supporting statements for payment … Continued

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QBCC to make changes to its accepted payment methods

From the 28 September 2020, QBCC will be making changes to their accepted payments methods. They will no longer be accepting cash, cheque or money orders as payments. Payments will be made through credit card, BPay and any direct debit services. These payments will extend to payments accompanying an adjudication process. Why is this an … Continued

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NSW Design and Building Practitioners Act 2019 (“The Act”)

15 July 2020

The legislation is aimed at restoring the public’s confidence in residential apartment buildings in NSW after the Opal/Mascot Towers debacles. This Bill was withdrawn in November 2019, however, a Report of the Legislative Council Public Accountability Committee into Regulation of Building Standards, Building Quality and Building Disputes, published on 30 April 2020 called for the … Continued

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Carve Out Clauses in Enterprise Agreements

19 December 2019

We recently received an enquiry from a member who was looking at entering into an enterprise agreement for its Brisbane employee base. In particular, the member was concerned about how that agreement would affect any overlapping project-specific enterprise agreements that it already had in place or may put in place in the future. As a … Continued

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Early Release of Retention Money – High Court Confirms Retention Clauses Subject to Head Contract Operation are Void

15 February 2018

The recent High Court decision of Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5 confirmed that any contract clause which ties the release of retention to some event under the Head Contract will be a “pay when paid” provision under the Security of Payment legislation and therefore that relevant clause is void or of … Continued

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Service of Notices under the Building and Construction Industry Security of Payment Act 1999

31 August 2017

You can now serve notices (i.e. Payment Claims, Payment Schedules, Statutory Notices, Adjudication Applications etc) by way of email and the ability to serve any such notices by facsimile has been removed except where your contract provides for service by facsimile. These changes were brought about by the Electronic Transactions Legislation Amendment (Government Transactions) Act … Continued

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SIGNIFICANT CHANGES TO NSW BUILDING DEFECT LEGISLATION

27 October 2015

The Home Building Amendment Act 2014 comprised of various amendments to the Home Building Act 1989. These changes commenced on 15 January 2015. There is no longer a distinction between structural and non-structural defects. There is now the two different categories of general defects and major defects. Under the Act, major defects will attract a … Continued

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DISPUTES WITH YOUR BUILDER OVER HOME BUILDING DEFECTS

27 October 2015

It is common for disputes to take place when you are in the process of building or renovating your home. These disputes may be minor or major. Major disputes often require the intervention of specialised building disputes lawyers in order for a resolution to be reached. Often the cause of these disputes are building defects … Continued

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RESOLVING DOMESTIC BUILDING DISPUTES

27 October 2015

In most Australian states there is a dedicated Act of Parliament that regulates all domestic building contracts. In New South Wales the Act is the Home Building Act 1989 (NSW). Further, these Acts generally refer the resolution of any building disputes to the relevant tribunal in that state. In New South Wales, most disputes with … Continued

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Security of Payment Changes Retention Money

27 April 2015

CTI Lawyers Alert – Building and Construction Industry Security of Payment Amendment On 1 May 2015, the Building and Construction Industry Security of Payment Amendment (Retention Money Trust Account) Regulation 2015 (“the Amendment Regulation) will take effect. This is available on the NSW Government’s legislation website (www.legislation.nsw.gov.au). Click here for a copy of the Draft … Continued

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New NSW cash retention scheme to commence in early 2015

22 January 2015

In New South Wales, a “ground-breaking” cash retention trust scheme will be established to ensure construction companies are prevented from using cash retention monies for purposes other than rectifying defects in the contract defects liability period. The scheme will particularly protect subcontractors in the industry from collapsing construction companies and the infamous “phoenix companies” who … Continued

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Don’t get ripped off by Phoenix Companies!

Don’t get ripped off by Phoenix Companies! There has been a recent crackdown on the construction industry relating to ‘phoenix companies’. A phoenix company relates to companies who suddenly shutdown their company with the intent to evade outstanding debts and then start trading again under a new company. The new company is often operated under … Continued

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