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 […]
The recent decision of the Supreme Court of Queensland in St Hilliers Property Pty Ltd v Pronto Solar Innovations Pty Ltd highlights the consequences that can result if Subcontractors are not licensed to carry out any aspect of work to be undertaken under a construction contract. Subcontractors must ensure that you are licensed to carry […]
Earlier this year, the Queensland Building and Construction Commission announced that Chapters 3, 4 and 5 of the Building Industry Fairness (Security of Payment) Act 2017 (“BIFSPA”) that relate to statutory progress payments and subcontractors charges would commence on 1 July 2018. The Government has now announced that Chapters 3, 4 and 5 of BIFSPA […]
It is often the case that buyers and sellers in property transaction do not think to engage a lawyer until after they have secured a contract of sale. The obvious reason for this is an avoidance of legal costs. The other reason is that sellers are generally of the view that they know all about […]
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