Construct Law News

Recent Supreme Court Decision confirms that an adjudication decision is void and of no effect where a valid “construction contract” does not exist. The recent case of GCB Constructions Pty Ltd v SEQ Formwork Pty Ltd & Ors [2023] QSC 71 (GCB v SEQ) considered the validity of an adjudicator’s […]

In the recent QCAT decision of McSwan & Anor v Weaver [2023] QCAT 148, home owners were unsuccessful in suing a builder for negligence because they were not considered vulnerable in circumstances where they had failed to ensure they entered into a legally enforceable domestic building contract. Brief background The[…]

We note from the media that the liquidators of Porter Davis are attempting to source builders to take over the completion of some homes contracted to Porter Davis.  Should a new builder approach a homeowner to complete a partly completed home, homeowners should be seek legal advice as there are[…]

The importance of terminating your construction contract when your builder becomes insolvent or enters into liquidation It’s no secret that the construction industry has been experiencing unprecedented disruption caused by labour shortages and supply chain issues over the last few years. As the flow-on effects of such disruption continue to[…]

If you’re involved in the construction industry, you’ve no doubt heard about the new project trust account (PTA) requirements introduced by the Queensland Government which have been the topic of much debate over the last few years. The debate largely centres around the functionality of the PTA requirements, particularly in[…]

Recent Court of Appeal Decision highlights the importance of careful contract drafting and ensuring consistency, or at least an understanding, of the difference between the statutory and contractual definitions of “business days”, “calendar days” and “days” The main purpose of the Building Industry Fairness (Security of Payment) Act 2017 (Qld)[…]