Expert Determination or Arbitration

Haridemos v Labathas [2015] ACTSC 110 FACTS Haridemos agreed to construct two new residences, on two properties in McKellar for Labathas. Disputes arose during the construction work. Haridemos sought resolution under the Security of Payment regime and entered the Adjudication Certificates obtained into judgment. Labathas initiated an appeal process against the Adjudication Certificates. During the […]

Balanced Baselines – Aug 2006

Abstract The use of a Geotechnical Baseline Report (GBR) in the construction contract provides the parties to the contract with a mutual understanding of the subsurface site conditions (the baseline). The actual conditions encountered are measured against this baseline. If the contractor comes across a more adverse condition than that of the baseline, then the […]

Rebalancing risk and reward – March 2006

Abstract The Australian construction industry is suffering from low and declining profits; caused in large part by the misallocation of risk and a misunderstanding of the forces driving further efficiencies and productivity. Whilst the minor ‘pain’ of low profits is borne primarily by the contractors, many clients are finding it impossible to escape the consequences […]

Parallel Delays – Aug 2005

Abstract Delays are a common part of any contract, some are caused by the contractor, some by the principal and some by neutral external influences (eg the weather). Contracts apportion the risk and consequences of delays in various ways, but generally, the law requires each party to a contract to be responsible for its own […]

Security of Payments: A new answer to an old question – Jun 2005

Abstract The Building and Construction Industry, Security of Payment Acts (the Acts) now in force in most Australian States are causing a radical re-think of many traditional project management and contract management processes. The Acts apply to every business involved in Building and Construction including contractors, subcontractors, clients, suppliers and professional firms. However, the consequences […]

Key Security of Payment Act Judgements – May 2005

Abstract The Security of Payment Acts have been the subject of numerous judgements that are beginning to clarify and define the meaning of many key clauses and identify exactly what is required of a party to successfully make or defend a claim under the Act.  Some of the key judgements and their primary effect are […]

Security of Payments – May 2005

Abstract The Security of Payment Acts have been the subject of numerous judgements that are beginning to clarify and define the meaning of many key clauses and identify exactly what is required of a party to successfully make or defend a claim under the Act. This presentation canvasses the current state of the law and […]

Defective Work Claims – Apr 2005

Abstract A defective work claims is the most common claim made by building owners against their building or construction contractor. The cost and consequences associated with resolving a defective work claim can be minimised if the contract is prepared for each individual project setting out effective and feasible methods of risk allocation together with clear […]

Pay now, argue later – Jul 2004

Pay Now, Argue Later – QMBA Breakfast Presentation, 12th July 2005 The effect of the new Security of Payment Act on the Queensland construction industry. Download – Pay Now, Argue Later

Adjudication Pressurises Project Administration – Oct 2004

Abstract The Building and Construction Industry, Security of Payment Acts (the Acts) now in force in most Australian States are causing a radical re-think of many traditional project management and contract management processes. The Acts apply to every business involved in Building and Construction including contractors, subcontractors, clients, suppliers and professional firms. However, the consequences […]