26

May

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 decision in circumstances where it was determined[…]

26

May

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 owners engaged a builder to construct a[…]