Top 5 Things to Consider when Reviewing a Commercial Building Contract
Commercial building contracts (especially those for large projects and developments) can be hundreds of pages long and filled with what feels like endless legal jargon. Reviewing contracts of this nature is, consequently, often quite a daunting task. So how can you make the task of reviewing your commercial building contract […]
QCAT clarifies which QBCC decisions are “reviewable” in QCAT
The Queensland Civil and Administrative Appeals Tribunal has confirmed that an internal review decision of the Queensland Building and Construction Commission (QBCC) to allow a defective work claim under the Queensland Home Warranty Insurance scheme is reviewable externally in QCAT, however, the original QBCC decision to allow a defective work[…]
Important Update for Domestic Building Contracts
Earlier this week, the District Court of Queensland delivered a decision which has the potential to have a substantial impact on all domestic building contracts where the contract price exceeds $20,000. The decision of Barlow KC DJC in Perera v Bold Properties (QLD) Pty Ltd [2023] QDC 99 makes critical findings in respect[…]
Supreme Court provides further clarification on meaning of “construction contract” under the BIF Act
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[…]
No contract, no claim – a recent QCAT decision
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[…]
Porter Davis liquidation – new builder requests to complete your home
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[…]