Construction and Engineering
The Scheduled Demise of Interim Occupation Certificates, Yet Again
Following a number of reprieves (firstly 1 November 2018, then 1 November 2019), interim occupation certificates will now become obsolete on 1 December 2019 by virtue of the commencement of certain amendments to Part 6 of the Environmental Planning and Assessment Act...
Rectification Orders under Section 48MA of the Home Building Act 1989
Builders and developers responding to claims brought against them in the NSW Civil and Administrative Tribunal (NCAT) for alleged defective building work need to ensure that, if they are ultimately found liable or they otherwise admit liability, they be given the...
Limited Role for Statutory Declarations Submitted with Payment Claims under the SOP Act
Construction contracts typically require contractors and subcontractors to submit, as part of any payment claim, a statutory declaration certifying that all money due and payable to its subcontractors and suppliers in relation to the works have been paid. This...
NSW Court of Appeal Rejects Retrospective Determination of Practical Completion
The determination of the date of practical completion under a construction contract has a number of important flow on effects, including the commencement of the defects liability period, the establishment of a reference date for the making of a further or...
The Pitfalls of Poorly Managed Adjudication Applications under the SOP Act
The phrase “punctilious compliance” aptly sums up the approach required by applicants and respondents in dealing with adjudication applications under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act), as noted in the...
The Horse has Bolted – Injunctive Relief Denied after Disputed Payment is Made
It is a well a known principle that a respondent to an adjudication determination made under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) who claims that the determination is infected by a "reviewable error" may...
The Existence of a Reference Date is a Precondition to a Valid Payment Claim under the SOP Act – The High Court has the Final Word
The Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) provides a fast track procedure for construction contractors and suppliers to be paid progress payments provided that certain preconditions are satisfied. It was generally...
NSW Court of Appeal Shuts Down Scope for Interference with Determinations Made under the SOP Act
The prevailing view, up until the Supreme Court decision of Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2016] NSWSC 770, was that judicial review of adjudication determinations under the Building and Construction Security of Payment Act...
The Rough and Ready System of Justice under the SOP Act Still Requires Adjudicators to Perform the Minimum Statutory Tasks
An adjudicator appointed under the provisions of the Building and Construction Industry Security of Payment Act 1999 (SOP Act) is required to determine, as a minimum, whether the construction work identified in the payment claim has been carried out, and...
Adjudicator Entitled to Fees Despite No Jurisdiction – Court Unimpressed with Challenge
Adjudication applications under Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) are typically fast and furious affairs, with the results eagerly awaited by both parties. In the usual way, the authorised nominating authority...
