In commercial leases, often a landlord will for various reasons not want the tenant to exercise its option to extend the lease term. Those reasons could include: Regardless, tenants should always approach the exercise of their option carefully and formally, as it is easy to lose the option right if it is not exercised properly. […]
We often see lenders (usually from interstate) trying to secure a loan by a caveat or consent caveat on Queensland property. The problem with this is that – unless court proceedings are commenced to establish the claim to a charge on the land and notice is given to the Titles Office – the caveat will […]
The Queensland Building and Construction Commission are cracking down on licensing requirements for builders, contractors and subcontractors. Under Section 48 of the Queensland Building and Constructions Commission Act 1991 the Commission may suspend or cancel a license for a variety of reasons including where a builder or contractor’s financial circumstances do not satisfy the relevant […]
In nearly all disputes that proceed to adjudication under BCIPA a principal will attempt to use a set-off clause in the construction contract to reduce or eliminate entirely, the amount claimed by a subcontractor pursuant to a payment claim. The most common set-off made by principals are damages for alleged defective work or liquidated damages […]
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