Disputes - Security and retention of funds
March 20, 2017 11:36 AM | Posted by Tom Kearney and Alyssa Dixon |
Money paid into a designated trust account under the section 28B(6) of the Building and Construction Industry Security of Payments Act 2002 (Vic) may be used 'to satisfy the claimant's entitlements' under section 28F(2) of that Act, even when there is no valid review of an adjudication determination under section 28B.  [read more]
January 23, 2017 3:51 PM | Posted by Petrina Macpherson and Alexandria Hammerton |
A reminder that a company in liquidation cannot use the Building and Construction Industry Payments Act 2004 (Qld) and a warning to liquidators not to act unreasonably in pursuing an application.  [read more]
September 22, 2016 8:58 AM | Posted by Lisa Papanicolaou |
The risk that a subcontractor might not be able to refund moneys paid as progress payments under the Building and Construction Industry Security of Payment Act 2009 (SA) that are ultimately found to be due to the head contractor after a successful action by the head contractor is a risk which Parliament has assigned to a head contractor.  The case is also a reminder of the danger of entering into a contract with an undischarged bankrupt. [read more]
September 14, 2016 3:45 PM | Posted by M Creedon, P Macpherson & A Hammerton |
A discussion of when rights or claims under a contract will be accrued at the time of termination of the contract.  [read more]