Infrastructure

Patience is a virtue, but time is of the essence

The Queensland Court of Appeal case of Niclin Constructions Pty Ltd v SHA Premier Constructions Pty Ltd & Anor [2019] QCA 177 stresses the importance of serving an adjudication application on your opponent ‘as soon as possible’ after lodgement with the adjudication registry.

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Counter-offers are not enough. Why you need a building contract

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 [2019] NSWSC 374 reinforces the importance of having a binding contract in place prior to commencing any works.

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Groundhog Day: When will the court remit an adjudication application?

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?

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