Category Archives: Security of Payment

News and views about security of payment legislation in Australia, new Zealand, Singapore and Malaysia

Out of time, out of luck: harsh time bars defeat EOT claim

Time bars in contacts have an important function as a method to maintain control and management of cost and time blowouts. They can be difficult to comply with, however non-compliance can be very dangerous, particularly with extensions of time claims. to succeed, every person in your crew (office and site), must understand their responsibility and be engaged with the process. Continue reading

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Survive 2016 …. 7 tips for contractors

An excellent contribution from Ian Heathwood, principal at McKays Solicitors, specialists in construction law.  Added comments in italics are the opinions of the editor, Payment Really Matters.   Some sectors of the building and construction industry have done well in … Continue reading

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How an $8.00 Fee Can Save Your Business

How an $8.00 Fee Can Save Your Business The Personal Property Securities Register (PPSR) is a federal government register where details of security interests in personal property can be registered and searched in compliance with the PPSA. The Personal Property … Continue reading

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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

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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