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Ingenium.Legal

September 10, 2019 By Ingenium.Legal

Caught in a delay analysis debate? Focus on the facts

The Supreme Court of NSW has revisited the UK’s Society of Construction Law Delay and Disruption Protocol.  Substantively and procedurally, his Honour Mr Justice Hammerschlag’s decision in White Constructions Pty Ltd v PBS Holdings Pty Ltd [2019] NSWSC 1166 [1] warrants attention. The fact that a method appears in the Protocol does not give it […]

Filed Under: News

March 14, 2019 By Ingenium.Legal

Adjudication through the Looking Glass: The Court reflects on mirror-imaged SOPA challenges

Icon Co (NSW) Pty Ltd v AMA Glass Facades Pty Ltd [2019] NSWSC 250 Sydney’s Opal Tower continues to attract attention. This time, the issue is an unusual security of payment (SOPA) tug-of-war between the builder and its glazing subcontractor, with the Supreme Court of NSW called upon to review successive SOPA determinations which had […]

Filed Under: News

February 19, 2019 By Ingenium.Legal

The Seymour Whyte decision – is it time for a national SOPA?

Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (In liquidation)[2019] NSWCA 11 The NSW Court of Appeal has decided that SOPA enforcement is available to claimants in liquidation in NSW, contrary to its equivalent Court in Victoria. [1]   The same statutory words now have consequences that differ north and south of the […]

Filed Under: News

May 31, 2018 By Ingenium.Legal

Mere mechanics? Performance security calls are not so simple

Santos Limited v BNP Paribas [2018] QSC 105 Performance securities issued by banks are commonly deployed on construction projects. They are said to be “as good as cash”. If Santos’ recent experience in the Queensland Supreme Court is a guide, that’s not universally the case. The autonomy principle – that the obligations of the bank […]

Filed Under: News

May 24, 2018 By Ingenium.Legal

“A national industry requires a national approach”

“A national industry requires a national approach” … So says Mr John Murray AM, author of the Commonwealth Review of Security of Payment Laws released this week. Mr Murray’s report comprehensively evaluates cashflow measures, adjudication and protection of payment. Some of the recommendations, if adopted, will create significant change the way that construction contracts operate, […]

Filed Under: News

April 15, 2018 By Ingenium.Legal

The ‘ipso facto’ playbook: It’s time that you update the script

Insolvency reforms and their impact on your future contracts The playbook is familiar to many in construction, development and procurement: Performance drops off, phone calls not returned, subcontractors and suppliers start to walk, voluntary administrators are appointed. A quick call on the performance security, exercise your termination rights, step in and “it’s on with the […]

Filed Under: News

February 21, 2018 By Ingenium.Legal

Probuild:  High Court closes the 14-year adjudication debate

Probuild Constructions (Aust) p/l v Shade Systems p/l [2018] HCA 4 Thirteen judges have proceeded on the basis that Shade Systems’ adjudication determination was wrong at law. Why then have twelve of their Honours required the builder to pay it? Probuild subcontracted Shade Systems for louvres on an apartment development in Chatswood. Systems served Probuild with a […]

Filed Under: News

February 20, 2018 By Ingenium.Legal

High Court: Blue sky for adjudication, retention looks cloudy

Maxcon Constructions Pty Ltd v Michael Christopher Vadasz (trading as Australasian Piling Company) & Ors [2018] HCA 5 The High Court of Australia has cast doubt over the efficacy of cash retention as a construction subcontract security device. An appeal concerning a security of payment adjudication required the Court to consider whether the subcontract’s retention provisions […]

Filed Under: News

January 9, 2018 By Ingenium.Legal

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January 9, 2018 By Ingenium.Legal

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    Sydney based commercial construction law specialist, Ingenium Legal Pty Ltd is an incorporated legal practice with over 20 years professional experience in construction, engineering and development legal practice.  Shaun Bailey, our Principal Lawyer, has extensive experience as a specialist partner of a national top tier Australian legal practice.

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