Monthly Archives: May 2013

When are you finished? Practical Completion

Many construction contracts, especially bespoke one-off contracts, are not managed by an independent superintendent (architect or engineer) and do not provide for a mutually acceptable definition of “practical” or “substantial” completion.  As a result, many contractors find completion is unreasonably … Continue reading

Posted in Contract Management, NSW (BCISoPA), Queensland (BCIPA), Security of Payment, Victoria (BCISoPA) | Leave a comment

Security of Payment – How far down the chain does it apply?

In Capricorn Quarries Pty Ltd v Inline Communication Construction Pty Ltd [2012] QSC 388 the Supreme Court of Queensland considered whether particular activities undertaken in a quarry were ‘construction work’ or ‘related goods and services’ under the Building and Construction … Continue reading

Posted in Legal Case Notes, Queensland (BCIPA), Security of Payment | Leave a comment

Don’t trust a Trust

Beware trading with trusts. A common vehicle to operate a family business is by way of a discretionary family trust or trading trust.  It is dangerous to trade or contract with a trust unless you know full details of the … Continue reading

Posted in Contract Management, NSW (BCISoPA), Queensland (BCIPA), Security of Payment, Victoria (BCISoPA) | Leave a comment

Period Contracts – make sure all your work is covered

Many small builders, subcontractors and maintenance contractors work under period contract arrangements.  Most of these arrangements that we have seen have no, or minimal contract documentation defining how new work and variation work are included in a period contract.   … Continue reading

Posted in Contract Management, Queensland (BCIPA), Security of Payment | Leave a comment