The claimant was the developer of a petrochemical project. It entered into two EPCM agreements with a third party, and two construction facility agreements with a contractor.   The contractor brought a works package arbitration against the claimant, seeking additional costs arising from project delays, including the late issue of for construction drawings by the

In Inghams Enterprises Pty Limited v Hannigan [2020] NSWCA 82, the New South Wales Court of Appeal was split as to whether a dispute fell within the obligation to refer disputes to arbitration within a multi-tiered dispute resolution clause. The majority (Meagher and Gleeson JJA) held that the dispute was not referable to arbitration, while Bell

Payment Claims: whether a claim seeking payment of amounts ‘paid’ under calls upon bank guarantees was for construction work – dualing with payment claims In Grocon (Belgrave St) Developer Pty Ltd v Construction Profile Pty Ltd [2020] NSWSC 409, the Supreme Court of New South Wales decided that a payment claim which included amounts ‘paid’ under bank

Security of payment: adjudicator’s decision that claimant entitled to ‘no amount’ until adjustment on completion of work void In Parrwood Pty Ltd v Trinity Constructions (Aust) Pty Ltd [2020] NSWSC 208, the Supreme Court of New South Wales decided that a security of payment determination was void, because the adjudicator had not determined the amount of

Joining the Joiner – McClafferty v Greg Smith Pty Ltd (Building and Property) [2019] VCAT 299 The Applicants (the owners) commenced proceedings against the First Respondent (the builder) seeking damages in the order of $321,015.00 for, amongst other things, alleged defects associated with windows installed by the builder.  In turn, the builder sought to join the supplier of

Key changes to insolvency and bankruptcy processes in light of COVID 19 The Australian Government has announced temporary changes to the Corporations Act 2001 and the Bankruptcy Act 1966 to release pressure on businesses and individuals in the wake of COVID 19.  The proposed changes will increase the:  current minimum threshold debt for creditors issuing a statutory demand or bankruptcy notice to $20,000;  timeframe