Category: Article

BCIPA: High Court Confirms That a Valid Payment Claim Requires a Reference Date

At the end of last year, the High Court delivered its first judgment on security of payment legislation: Southern Han Breakfast Point Pty Ltd (In Liquidation) v Lewence Construction Pty Ltd [2016] HCA 52. The decision confirms that the existence of a reference date under a construction contract is a precondition to the making of […]

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Contractors: Project Documentation Can Make or Break Your Claim

In my experience as a trial lawyer specialising in construction claims, I see a consistent pattern with project documentation: weak project documentation impairs the claimant’s ability to resolve the claim, whether by settlement, arbitration, or trial. The weaknesses generally fall into three categories: (1) failure to follow contractual requirements for notice; (2) failure to completely […]

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Top 10 Secrets of a Successful EOT Claim

Demonstrated Contractual Entitlement. Many claims fail for the simple reason that the stated events don’t give rise to a contractual entitlement to an EOT. Detailed Records. Above all else, the quality of a claim is founded on the quality and detail of the project records (updates, progress reports, notices, etc etc). Clearly Documented Delay Events. […]

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Construction Project Documentation: Explaining Business Records Exception to the Rule Against Hearsay

Given the critical role of written documentation in resolving construction claims – whether inside or outside of the courtroom – it is essential that companies adequately train the individuals who create written documentation. Depending on experience and training, the average worker on the project management or quality control team may not be aware of the […]

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Clarification of Payment Claims Following the High Court’s First Ruling on Security of Payment Legislation

In late December 2016, the High Court handed down its first-ever decision about how the security of payment legislation in Australia should be used to obtain payments.1 The High Court confirmed that there must be a reference date for when payments can be claimed under a construction contract in order for a builder, contractor or consultant to […]

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The Requirement to Give Notice of Claims

Anthony Hussey of Hussey Fraser Solicitors addresses the requirement to give notice of claims under most forms of contract. “Under most forms of contract it is now a condition precedent to making a claim that notice be given of the claim within a short period of time.” Once upon a time there was no need […]

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Legal Q&A: Delay Developments, by Eric Johnstone

This short article explores what’s new in the Society of Construction Law Delay and Disruption Protocol. This article was originally published in Civil Engineering Surveyor magazine and has been included here with permission from the editor. Click here to read.

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Proving Extension of Time Claims

By Manoj Bahl MSc MEng CEng MICE MCIArb, Senior Director, FTI Consulting. Originally published by the Chartered ICES Construction Law Review. Extensions of time are again hitting the headlines following the recent Technology and Construction Court decision in Carillion Construction Ltd v Emcor Engineering Services Ltd1 and others [2016], a dispute in relation to the […]

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An Alternative Dispute Resolution for Variations in Construction Contracts

The purpose of this article is to suggest and discuss an alternative method of resolving construction disputes with respect to variations, where technical disputes relating to variations get resolved during the course of the project without requirement for formal dispute resolution. Such a method would reduce the contractor’s burden of cash flow issues whilst protecting […]

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