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    • Construction Contracts
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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...
Provisional Sums: Why They Beat Rise and Fall Clauses in Construction Contracts

Provisional Sums: Why They Beat Rise and Fall Clauses in Construction Contracts

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

Cost uncertainty is one of the most persistent challenges in construction. Prices move. Labour markets shift. Consultant scope creeps. The question is never whether these risks exist, but how to manage them practically and fairly within a contract. For years, rise and...
Director personally on the hook again!

Director personally on the hook again!

by Charlotte | Feb 24, 2026 | Dispute Resolution, Project Delivery, Protecting, Security of Payment

Kapila v Monument Building Group Pty Ltd [2025] NSWSC 1306 Key Takeaways Directors who act as nominated supervisors and exercise substantive control over building works can be personally liable for defects under the Design and Building Practitioners Act 2020 (NSW)...
Getting Payment Claims Right: Common Mistakes to Avoid

Getting Payment Claims Right: Common Mistakes to Avoid

by Charlotte | Feb 24, 2026 | Dispute Resolution, Project Delivery, Protecting, Security of Payment

Introduction Security of Payment legislation provides a powerful framework for recovering progress payments, but only where a payment claim complies with the Security of Payment Act 1999 (NSW) (‘Act’). In practice, many claims fall short due to small mistakes that...
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Recent Posts

  • From Oversight to Liability: When Directors Become Responsible
  • Are ECI Contracts Destroying Contractor Profitability?
  • Provisional Sums: Why They Beat Rise and Fall Clauses in Construction Contracts
  • Director personally on the hook again!
  • Getting Payment Claims Right: Common Mistakes to Avoid

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