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Bank Guarantees: Your Biggest Safety Net or Your Biggest Commercial Risk?

Bank Guarantees: Your Biggest Safety Net or Your Biggest Commercial Risk?

by Charlotte | Jul 6, 2026 | Dispute Resolution, Project Delivery, Protecting, Security of Payment

Few issues escalate a construction dispute faster than a bank guarantee. For developers, it can provide immediate access to funds when a project goes wrong. For builders, it can mean losing hundreds of thousands of dollars overnight, often before a court or tribunal...
Are Early Contractor Involvement (ECI) Agreements Destroying Builders’ Margins?

Are Early Contractor Involvement (ECI) Agreements Destroying Builders’ Margins?

by Charlotte | Jul 6, 2026 | Dispute Resolution, Project Delivery, Protecting, Security of Payment

Early Contractor Involvement (ECI) agreements are becoming increasingly common across major construction projects. While they promise collaboration and better project outcomes, they can also expose builders to a significant commercial risk. Builders may invest...
NSW Government Signals Return of Proportionate Liability Following Pafburn

NSW Government Signals Return of Proportionate Liability Following Pafburn

by Charlotte | Jul 6, 2026 | Dispute Resolution, Project Delivery, Protecting, Security of Payment

Builders and developers may soon see one of the most significant shifts in building defect liability since the introduction of the Design and Building Practitioners Act 2020 (NSW). Following the High Court’s decision in Pafburn Pty Ltd v The Owners – Strata Plan...
From Oversight to Liability: When Directors Become Responsible

From Oversight to Liability: When Directors Become Responsible

by Charlotte | May 29, 2026 | Dispute Resolution, Project Delivery, Protecting, Security of Payment

Strata Plan 92183 v Samdora Pty Ltd [2026] NSWSC 406 Introduction Under the Design and Building Practitioners Act 2020 (NSW) (‘Act’), claims may be brought against directors of developers and builders making them personally liable for defective building work....
Are ECI Contracts Destroying Contractor Profitability?

Are ECI Contracts Destroying Contractor Profitability?

by Charlotte | May 29, 2026 | Dispute Resolution, Project Delivery, Protecting, Security of Payment

 Early Contractor Involvement was designed to be a partnership between developers and builders. Somewhere along the way, it became something else entirely. Early Contractor Involvement, or ECI, arrived in the construction industry with genuine promise. The logic was...
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Recent Posts

  • Bank Guarantees: Your Biggest Safety Net or Your Biggest Commercial Risk?
  • Are Early Contractor Involvement (ECI) Agreements Destroying Builders’ Margins?
  • NSW Government Signals Return of Proportionate Liability Following Pafburn
  • From Oversight to Liability: When Directors Become Responsible
  • Are ECI Contracts Destroying Contractor Profitability?

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