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    • Construction Contracts
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NSW Court of Appeal Confirms Security of Payment Act Trumps Contractual “Deeming” Clauses

NSW Court of Appeal Confirms Security of Payment Act Trumps Contractual “Deeming” Clauses

by Charlotte | Jan 22, 2026 | Dispute Resolution, Project Delivery, Protecting, Security of Payment

Sharvain Facades Pty Ltd (Administrators Appointed) v Roberts Co (NSW) Pty Ltd [2025] NSWCA 161 A recent decision of the New South Wales Court of Appeal has delivered an important ruling for the construction industry, reinforcing that statutory timeframes under the...
Delayed Site Possession: Who Carries the Cost of Waiting?

Delayed Site Possession: Who Carries the Cost of Waiting?

by Charlotte | Oct 27, 2025 | Construction Contracts, Project Delivery, Protecting

In many construction contracts, the official start of works is tied to the “possession of site”. This is the point at which the builder gains the right to occupy and commence construction. But what happens when that handover doesn’t happen on time? Builders often...
5 November 2025: The Key Date to Keep your Adjudication in Play Before Christmas List

5 November 2025: The Key Date to Keep your Adjudication in Play Before Christmas List

by Charlotte | Oct 27, 2025 | Project Delivery, Protecting, Security of Payment

As the year draws to a close, the festive season often brings a rush of project completions, payment claims, and last-minute administration. But for those dealing with Security of Payment (SOP) matters, it’s important to remember that adjudication timeframes don’t...
Builders Not Liable for Owners’ Design Failures

Builders Not Liable for Owners’ Design Failures

by Charlotte | Oct 27, 2025 | Dispute Resolution, Project Delivery, Protecting

Failures Can a builder be held liable when a homeowner’s own design fails? In Allan v Renfay Projects Pty Ltd [2025] NSWDC 357, Newlinds SC DCJ gave a clear answer: statutory warranties under the Home Building Act 1989 (NSW) do not make builders guarantors of an...
Broad Indemnities: Small Clauses, Big Risk

Broad Indemnities: Small Clauses, Big Risk

by Charlotte | Oct 13, 2025 | Dispute Resolution, Project Delivery, Protecting

Indemnities are some of the most powerful, yet often overlooked, clauses in construction contracts. They look routine, but they can shift enormous amounts of risk onto the contractor, often without the contractor even realising it. Take a broad indemnity, for example....
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