The recent decision of the Supreme Court of Queensland in St Hilliers Property Pty Ltd v Pronto Solar Innovations Pty Ltd highlights the consequences that can result if Subcontractors are not licensed to carry out any aspect of work to be undertaken under a construction contract. Subcontractors must ensure that you are licensed to carry […]
Earlier this year, the Queensland Building and Construction Commission announced that Chapters 3, 4 and 5 of the Building Industry Fairness (Security of Payment) Act 2017 (“BIFSPA”) that relate to statutory progress payments and subcontractors charges would commence on 1 July 2018. The Government has now announced that Chapters 3, 4 and 5 of BIFSPA […]
Variations will inevitably arise on a construction site. Subcontractors are often forced to pursue variation claims in an adjudication application to recover payment from a contractor. In our experience, contractors invariably dispute claims for variations on two grounds. Firstly, the subcontractor has failed to comply with the terms of the construction contract and obtain the […]
In an Adjudication Application, a Head Contractor invariably seeks to rely upon liquidated damages when responding to a payment claim, by offsetting a liquidated damages claim against an amount claimed by a Subcontractor. Below are some ways that Subcontractors can limit the application of liquidated damages by a Contractor in an Adjudication Application. All standard […]
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