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Doyles Construction Lawyers
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Construction Law Specialists
Construction Law Specialists

228 followers
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Termination of contract, the effect on reference dates arising under the Building and Construction Industry Security of Payment Act 1999 (NSW) and the validity of payment claims that include security monies.
Illawarra Retirement Trust v Denham Constructions Pty Ltd [2015] NSWSC 823
The case highlights the importance of identifying in a Notice of Termination, the effective date and time of termination and the effect it may have on reference dates giving rise to rights to progress claims under the Act and the inclusion of security does not give rise to an invalid claim.

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Expert Determination v Arbitration

When deciding whether an appointed person under the arbitration clause in the agreement is an expert to make his expert determination or an arbitrator to make his award, the Court looked at the function, decision, and facts such as: the words used, the requirement stated in the Deed, and the qualification of the appointed person. The Court concluded that the parties agreed to appoint an expert not an arbitrator. Read More.....

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Recent Article by Jim Doyle on the role of expert determinations is building disputes

 

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Recent Case: The Owners - Strata Plan No 61288 v Brookfield Australia Investments Ltd [2013] NSWCA 317

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Recent Case: Linfox Australia Pty Ltd v Transport Workers Union of Australia [2013] FCA 659.

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