As the dust slowly settles post the August 2022 introduction of WA’s new SOP Act, we’ve taken a bit of a dive into one of the most significant changes introduced by that Act – the ability of decision-makers to override notice based time bar provisions.
We are pleased to share that our Doug Solomon has once again been recognised by Best Lawyers and, together with the firm Solomon Brothers, included in the 2024 edition of The Best Lawyers in Australia™ for Real Property Law, with a specific focus on Property Development. We are extremely proud of Doug, who is known for his passion and dedication towards supporting his clients on an international, national, governmental, and local level. The peer-reviewed accolade also stands as a testament to Doug’s continued recognition throughout the legal industry, and we are grateful to have him on our team.
Unfortunately, building and defects go hand in hand. Whether you are the owner of the building built or a subsequent purchaser – you will face defects. So how do you deal with them, what are your options and what are the barriers to recovery?
In this article, we explain what a statutory demand is, the legal consequences of receiving one, and how you can respond to one to receive the best outcome for your company.
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.
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?
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.