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[…]
Builder in Liquidation?
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[…]
Important Update: Further delays to the rollout of project trust requirements
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[…]
“Business days” vs “calendar days” – How they affect payment terms
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)[…]
2022 Reflection
As the year wraps up, our Director, Aleisha MacKenzie has taken the time to reflect not just on our firms’ achievements but also the challenges we have overcome as a team and the construction industry as a whole. We have been busier than ever this year supporting our client’s businesses[…]