Infrastructure expenditure affecting the Western Australian construction market
Over the last 12 months, there have been numerous reports of a skills shortage in the Western Australian building and construction industry – in both blue and white-collar sectors. While the current boom is nowhere near that of 2012, there are a number of factors making it more difficult to top up the Western Australian building and construction industry from outside sources.
Are you SOPA Ready?
This week (on 22 June 2021), amendments to the WA regime as set out in the Building and Construction Industry (Security of Payment) Bill 2021 were passed by both houses of WA Parliament and is currently awaiting formal assent by Governor. With a Western Australian security of payment regime set to undergo a root and branch overhaul, it is time to ask yourself: Am I SOPA ready?
Time Bars vs Estoppel: Valmont Interiors Case
At the heart of the appeal was the question of whether an estoppel would operate to prevent a party, which directed additional works outside the express contractual variation regime, from bringing those works back within the contractual variation regime and then using the time bar provisions of that regime to bar the claim.
Notes on Boilerplate Terms of Contracts Impacting Construction Disputes
This is a short article regarding two dissimilar cases, both of which focus attention on the fact that the boilerplate terms of contracts can have a significant impact on the conduct of construction disputes.
Commercial Leases in Western Australia during the COVID-19 Pandemic
Acknowledging small business, including the retail sector, have been hard-hit during the COVID-19 pandemic, changes to commercial tenancy laws in WA are providing some relief through what is defined as this “emergency period”. Solomon Brothers partner, Chris Williams, provides a summary of these legislative changes and their impact on both landlords and tenants.
When Worlds Collide: Indemnities Vs Limitations of Liability
While the usual caveats that apply to the impact of decisions refusing to grant summary judgment apply to NRW Contracting Pty Ltd v Cliffs Asia Pacific Iron Ore Pty Ltd [2020] WASCA 2020, there are at least important take-aways from the decision. The fact that it is a Court of Appeal decision also makes it worthy of note.
ASIC’s beef with Westpac over responsible lending duties
On 13 August 2019, the Federal Court of Australia handed down its judgment in Australian Securities and Investments Commission v Westpac Banking Corporation (Liability Trial) [2019] FCA 1244 (“the Liability Trial”).
Commercial Rent Reduction Negotiation: Getting a great result for all parties
What to do when a commercial tenant asks for a rent reductionThe starting point for a landlord is to understand what new regulations may apply to the lease. Currently (as at 1 May 2020) in Western Australia the only change to commercial tenancy laws that has been made to respond to the COVID-19 pandemic comprises the enactment of the Commercial Tenancies (COVID-19 Respons...
“Construct Only” Contract, but is it really?
The phrases “construct only contract” and “design and build contract” are ubiquitous within the Australian construction and building industries. On the face of it, the differences between the two are self-explanatory: The “construct only” contract, known as the “traditional” form of procurement, involves a contractor entering into an arrangement for the construction of a project...
Kilmaley Investments: Putting the brakes on the assignment of statutory compensation
The recent decision of the Supreme Court of Western Australia in Kilmaley Investments Pty Ltd v City of Wanneroo [2019] WASCA 156 is an interesting development in case law relating to the assignability of a right to statutory compensation.