The Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act) came into force almost a year ago. Like its predecessor, it creates challenges for claimants and respondents in the service of documents during the traditional Christmas shutdown period.
The Queensland Court of Appeal case of Niclin Constructions Pty Ltd v SHA Premier Constructions Pty Ltd & Anor  QCA 177 stresses the importance of serving an adjudication application on your opponent ‘as soon as possible’ after lodgement with the adjudication registry.
Agreements on liquidated damages for delay provide certainty for principals and contractors alike. But what happens if your actual loss arising out of a delay far exceeds the rate of your liquidated damages?
After falling victim to the NSW election caretaker period, the 2018 Security of Payment amendments have risen from the dead, with the corporate veil to be drawn back faster than previously telegraphed.
Although it is common practice for parties to commence construction works whilst the contract terms are still being negotiated, this presents significant risks, for both contractors and subcontractors. The recent decision of the Supreme Court of New South Wales in Boss Constructions (NSW) Pty Ltd v Rohrig (NSW) Pty Ltd  NSWSC 374 reinforces the importance of having a binding contract in place prior to commencing any works.
The Conveyancing Legislation Amendment Act 2018 (NSW) (Amending Act) is set to better regulate sales of off the plan residential property in New South Wales. In particular, the Amending Act will:
The Nuance Group (Australia) Pty Limited v SHAPE Australia Pty Limited  VSC 362 re-affirms that an adjudication determination will be quashed if the adjudicator fails to provide adequate reasons for their determination.
So, you have successfully argued that an adjudicator acting under Security of Payment legislation failed to undertake the task required and, therefore, their determination has been quashed. But now what? Is the adjudication determination at an end or will it be remitted back to the adjudicator so they can correct errors in it and issue a determination?