Contractors Working in New South Wales beware of significant changes to the Building & Construction Industry Security of Payment Act 1999 (“SOPA”) Significant amendments have been made to SOPA which came into effect on 21 October 2019. Under the new sections 13(1A) to 13(1C) of the SOPA “reference dates” have been abolished and the process […]
Beware Contractors of new amendments in pipeline for the Queensland Building Industry Fairness (Security of Payment) Act 2017 The amendments are likely to be passed and come into effect this year. Significantly the new amendments will entitle contractors who have obtained an adjudication award to register a charge over property owned by the other party […]
The Queensland Building and Construction Commission are cracking down on licensing requirements for builders, contractors and subcontractors. Under Section 48 of the Queensland Building and Constructions Commission Act 1991 the Commission may suspend or cancel a license for a variety of reasons including where a builder or contractor’s financial circumstances do not satisfy the relevant […]
In nearly all disputes that proceed to adjudication under BCIPA a principal will attempt to use a set-off clause in the construction contract to reduce or eliminate entirely, the amount claimed by a subcontractor pursuant to a payment claim. The most common set-off made by principals are damages for alleged defective work or liquidated damages […]
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