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Articles by David Ulbrick
Australian courts adopt a context-based approach to contractual notice disputes
While precision remains important when drafting contractual notices, contractors and developers seeking timely and efficient delivery of projects should welcome this shift. A recent 2025 decision by the District Court of New South Wales, is an example of the courts taking a more commercially minded approach.
Consultation on draft WA security of payment reform for government projects opens
The draft Building and Construction Industry (Security of Payment) Amendment Bill 2025 aims to strengthen SOP for subcontractors and streamline payment protections. Other minor amendments, providing greater clarity and transparency regarding the adjudication process and the powers of building industry regulators, have been proposed by the Cook government.
Australian Consumer Law a potential defence to entitlements in construction disputes
The case between OSB Group Pty Ltd and Complete Hire & Sales Pty Ltd concerned a summary judgment application for a claimed amount where Complete failed to serve a payment schedule within an agreed timeframe and also failed to pay the claimed amount in accordance with the new Building and Construction Industry (Security of Payment) Act 2021 (WA).
Western Australia’s procurement reform ‘not enough’ to meet construction challenges
According to the WA government, the ‘safe and fair reform package’ for procurement practices intends to support the state’s construction industry and will be delivered in three stages over the next three years.
Final stage of security of payment reform in Western Australia implemented
Perth-based construction disputes expert David Ulbrick of Pinsent Masons said the measures mean the reforms envisaged under the state’s Building and Construction Industry (Security of Payment) Act 2021 (the 2021 Act) have now been implemented in their totality – reforms, he added, that form part of a wider initiative aimed at bringing greater uniformity to security of payment laws across Australia.
Jobs summit could have major impact on Australian construction industry
The jobs and skills summit, which launched earlier this week, will recommend immediate actions and opportunities for medium and long-term reform. In an ‘issues paper’ (14 pages / 430KB PDF) published ahead of the summit, the federal government said that, while Australia’s unemployment rate is at “historic lows”, a tight labour market has also “brought challenges including widespread and acute skill shortages”.
BCISPA’s reforms to security of payment regime in WA come into force
A payment claim for a progress payment may be made monthly or, in any case, must be made within six months of the completion of the relevant construction works. The payment terms prescribed under the BCISPA differ depending on the parties involved. For example, payments are due within 20 business days under head contracts and within 25 business days under subcontracts.
Australian political parties make promises of mega infrastructure projects ahead of election
The coalition government released its 2022-23 budget in March, which included an additional A$17.9 billion (US$13.5bn) for infrastructure projects bringing the proposed 10-year spend to a record A$120bn. The coalition government has made A$200bn investment with over 35,000 projects delivered since 2013, according to an official press release.
Macroeconomics threaten Western Australia infrastructure projects
An “undercurrent of uncertainty” dogs major infrastructure projects planned in Western Australia as a result of the state’s exposure to macroeconomic factors, despite the state posting a record operating surplus in the last financial year, an expert has warned.
Time bar uncertainty in Western Australia payment security reform
The prohibition is part of a suite of legislative interventions in the building and construction industry that will be brought about by the recently passed Building and Construction Industry (Security of Payment) Act 2021 (WA) (140-page / 701KB PDF (BCISPA).
Western Australia security of payment reforms set to create subcontractor uncertainty
A proposed new security of payment regime in Western Australia would not improve on existing legislation designed to ensure construction subcontractors are paid in a timely fashion for the work they carry out and protect them in the event of an insolvency higher up the supply chain.
Grattan Institute gets it ‘wrong’ on driving value in infrastructure projects
Public sector bodies need to work with contractors, not against them, to deliver the greatest value for taxpayers from major infrastructure projects, experts in construction contracts and dispute resolution have said.
Case highlights dangers of umbrella agreements for security of payment regimes in Australia
A New South Wales (NSW) Supreme Court judgment has provided rare concrete guidance to contractors about how to modify their behaviour if they want to maintain the protection of the security of payments act (SOPA) regimes in Australia. The judgment shows that without careful contract administration it will be impossible to take advantage of the SOPA regime in relation to a goods supply agreement that operates as an ‘umbrella’ agreement where each purchase order submitted creates a new contract.
Infrastructure drive expected in Western Australia post-election
The landslide victory for Labor in the recent Western Australian elections is likely to lead to an enlarged programme of infrastructure upgrades in the state. Under the leadership of Mark McGowan, Labor has secured at least 52 of the 59 seats in the lower house of the Parliament of Western Australia, with one seat still to be declared but looking like it will fall to Labor, as well as 24 of the 36 seats available in the parliament's upper house.
Record year for arbitration cases registered with ICSID
The record number of new arbitration cases registered with the International Centre for Settlement of Investment Disputes (ICSID) in 2020 highlights the confidence that investors retain in resolving their disputes with states and state sponsored companies through arbitration, an expert has said.
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