Check that your Service and Maintenance Agreements do not inhibit your ability to get paid. A Queensland decision highlights the need to ensure that your service and maintenance agreements work for you and not against you when it comes time to be paid. Multiple contracts with the same client "The Building and Construction Industry Payments Act 2004" (BCIPA) and its successor "The Building Industry Fairness (Security of Payment) Act 2017" (BiF), applies, in each case, to “a c

Payment of Final Retention Amounts Defects liability periods tied to dates far in the future and the release of final retention amounts is another contentious often unreasonable condition of subcontracts. Many subcontracts tie the release of final retention to an event in another contract, such as the release of retention or a certificate of completion of a main building contract that can be many months, if not years away from a subcontractor’s completion of its work. In Que

Adjudicator’s jurisdiction On 14 February, The High Court of Australia published two decisions that will have the effect of giving more certainty to adjudicators’ decisions under security of payments legislation in Australia. The Court decided that The Supreme Court of NSW could not review or overrule an adjudicators decision on the grounds of an error of law that is not a jurisdictional error. In doing so, the High Court looked at the intent of the legislation and recognise