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Articles by Gareth Gillespie
NSW Security of Payment Act Amendments - Loophole closed for unlicensed residential builders
Piper Alderman's Sydney Projects and Construction team consider the latest amendments to the NSW Security of Payment Act, which close loopholes that previously enabled unlicensed contractors engaged in residential building work to claim for payment under the Act. On 20 August 2024, section 8 of the Building and Construction Industry Security of Payment Act 1999 (NSW) (SoP Act) was amended to close a loophole left open when owner occupied work became covered by the SoP Act on 1 March 2021.
Rolling the dice on payment schedules – Is it valid or not? - Construction & Planning - Australia
Piper Alderman's Sydney Construction team considers a recent security of payment decision by the Supreme Court of NSW regarding the minimum requirements for a valid payment schedule: Turnkey Innovative Engineering Pty Ltd v Witron Australia Pty Ltd [2023] NSWSC 981 (Turnkey v Witron) per Stevenson J.
Do your standard form contracts fit the new regime?
From 9 November 2023 a new penalty regime and legal consequences will apply to unfair terms in standard form contracts with small businesses and consumers. Laws regulating the use of unfair contract terms already exist, but the scope and severity of these laws are expanding.
Rolling the dice on payment schedules - Is it valid or not?
Introduction In the security of payment regime under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SoP Act), the payment schedule is the respondent’s opportunity to indicate the amount it proposes to pay (scheduled amount) and the reasons why that amount is less than the claimed amount.
A shot through the heart? Could a misleading or deceptive supporting statutory declaration give SOPA a bad name? Marques Group Pty Ltd v Parkview Constructions Pty Ltd [2023] NSWSC 625 - Construction & Planning - Australia
Where a claimant seeks to enforce a statutory debt under ss 15 or 16 of the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA), such as where a respondent fails to serve a payment schedule or does not pay the amount scheduled in a payment schedule, can the respondent defeat such an action by establishing that the claimant's entitlement to the statutory debt rests upon its contravention of the misleading or deceptive conduct provisions of the Australian Consumer Law...
A shot to the heart? Could a misleading or deceptive supporting statutory declaration give SOPA a bad name? Marques Group Pty Ltd v Parkview Constructions Pty Ltd [2023] NSWSC 625
Where a claimant seeks to enforce a statutory debt under ss 15 or 16 of the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA), such as where a respondent fails to serve a payment schedule or does not pay the amount scheduled in a payment schedule, can the respondent defeat such an action by establishing that the claimant’s entitlement to the statutory debt rests upon its contravention of the misleading or deceptive conduct provisions of the Australian Consumer Law...
Liability for defects when new builder takes over: Lichaa v Boutros [2021] NSWCA 322
Australia: Liability for defects when new builder takes over: Lichaa v Boutros [2021] NSWCA 322 28 March 2022 by Robert D Riddell and Gareth Gillespie Piper Alderman Your LinkedIn Connections with the authors If a subsequent builder completes a building project started by an earlier builder, to what extent, if any, will the first builder be excused from liability for defects existing in the first builder's work?
Reciprocity the key: The meaning of
To print this article, all you need is to be registered or login on Mondaq.com. In December 2021, the Supreme Court of New South Wales per Henry J gave judgment in the matter of Crown Green Square Pty Ltd v Transport for NSW [2021] NSWSC 1557 (Crown Green Square). The case concerns the meaning of "other arrangement" in the definition of "construction contract" in s 4 of the Building and Construction Industry Security of Payment Act 1999 (NSW) (SoP Act).
Contractors on the front foot. Owner-Occupiers now exposed to Security of Payment claims.
To print this article, all you need is to be registered or login on Mondaq.com. Before 1 March 2021, owner-occupiers were off-limits when it came to security of payment claims. Owner-occupier contracts were exempt from the Building and Construction Industry Security of Payment Act 1999 (NSW) (SoP Act). Under the old rules, contractors had to commence proceedings against owner-occupiers in NCAT or a court to recover unsatisfied payment claims.
Contractors on the Front Foot. Owner-Occupiers Now Exposed to Security of Payment Claims
Australia November 19 2021 Before 1 March 2021, owner-occupiers were off-limits when it came to security of payment claims. Owner-occupier contracts were exempt from the Building and Construction Industry Security of Payment Act 1999 (NSW) (SoP Act). Under the old rules, contractors had to commence proceedings against owner-occupiers in NCAT or a court to recover unsatisfied payment claims. It was slow, expensive and quite unhelpful in terms of cash-flow.
Design And Building Practitioners Regulation 2021 (NSW) – Requirements specific to engineers - Real Estate and Construction - Australia
To print this article, all you need is to be registered or login on Mondaq.com. This piece is Part 4 of our series on the recently gazetted Design and Building Practitioners Regulation 2021 (NSW) (Regulation), made under the Design and Building Practitioners Act 2020 (NSW) (Act), which comes into force on 1 July 2021. For Part 1 of our series, being an overview of the new Regulation, click here. For Part 2, concerning transitional arrangements, click here.
Design and Building Practitioners Regulation 2021 (NSW) - Requirements Specific to Engineers | Lexology
This piece is Part 4 of our series on the recently gazetted Design and Building Practitioners Regulation 2021 (NSW) (Regulation), made under the Design and Building Practitioners Act 2020 (NSW) (Act), which comes into force on 1 July 2021. For Part 1 of our series, being an overview of the new Regulation, click here. For Part 2, concerning transitional arrangements, click here. For Part 3, concerning the classes of registration for design and building practitioners, click here.
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