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Rozlyn Spring
Monday, 07 December 2020

PAYMENT CLAIMS…ARE THEY SUPPORTED?

On 1 October 2020, some changes were made to the Queensland Building and Construction Commission Act 1991 (Qld) (the QBCC Act), the Building Industry Fairness (Security of Payment) Act 2017 (QLD) (the BIF Act) and the Building Act 1975 (Qld) (the Building Act). These changes are very important for those who work in the building
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virtuoso
Friday, 28 August 2020

FORMER “DWYER QUALITY HOMES” COMPANY ORDERED TO PAY $500,000 DAMAGES FOR DEFECTIVE ROOF CONSTRUCTION

In 2007, Mrs Maria Nel engaged Dwyer Corporation Pty Ltd trading as Dwyer Quality Homes, to build her brand new home at Doonan. In 2016 after a severe rain event, a significant amount of water entered the home through the roof. When Dwyer Quality Homes refused to replace the roof, Mrs Nel commenced legal proceedings. After Mrs
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virtuoso
Thursday, 13 August 2020

ARE YOU ACROSS THE CHANGES TO THE EVER-EVOLVING BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT?

The Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIFSOP Act) has been amended again. The amendments are wide-reaching and will affect all industry participants. The key changes to the BIFSOP Act are as follows: – Project Bank Accounts are now Project Trust Accounts, with new compliance obligations and penalties. However, full implementation of the regime
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virtuoso
Friday, 24 July 2020

RECTIFICATION WORK DOES NOT RESET THE CLOCK

Does the carrying out of rectification work reset the 6 year and 6 month time limit for issuing a direction to rectify? This is the question that the Queensland Civil and Administrative Tribunal (QCAT) recently considered. The answer is No. The facts of the case are as follows: Practical Completion was achieved in 2009; The
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virtuoso
Friday, 07 February 2020

SUBCONTRACTING AND THE DANGERS OF CARRYING OUT UNLICENSED BUILDING WORK

We’ve recently met with a spate of subcontractors seeking our assistance with payment issues, only to discover that they are operating through a company/trust structure and the company doesn’t have a QBCC licence! Typically, these subbies are unaware that the company must have its own licence. Instead, they have been relying on their personal QBCC
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virtuoso
Tuesday, 10 September 2019

QBCC LICENSING – ARE YOU COMPLIANT?

As a QBCC license holder, it is important to follow the rules and regulations set out by the QBCC. Failure to do so can result in a formal warning or fine and in more serious cases, suspension or cancellation of your licence. If your license is suspended or cancelled, your inability to operate may have
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virtuoso
Tuesday, 27 August 2019

UNDERSTANDING PAYMENT CLAIMS UNDER THE BUILDING INDUSTRY FAIRNESS ACT

Alert: J.R & L.M. Trackson Pty Ltd v NCP Contracting Pty Ltd & Ors [2019] QSC 201 The Supreme Court of Queensland finds that sending an email containing three separate invoices constitutes one payment claim. However, it is important to understand that this decision was made in relation to the provisions under the former Building and
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virtuoso
Monday, 08 July 2019

QUEENSLAND GOVERNMENT BANS COMBUSTIBLE CLADDING

Last week the Queensland Government announced that it is proposing to ban combustible cladding on all new Queensland buildings. The ban will apply to all aluminium composite panels with a PE (polyethylene) core of greater than 30%. The announcement came as the Government is attempting to resolve the Professional Indemnity (PI) Insurance crisis affecting the
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virtuoso
Tuesday, 02 July 2019

TOP 5 WAYS YOU CAN REDUCE YOUR LEGAL FEES

When seeking legal advice and/or representation, legal fees are inevitable but how much you spend may be entirely up to you. Here are some tips on how you can control the costs and reduce your fees:   LISTEN TO YOUR LAWYER Presumably, you have engaged with your chosen lawyer because of their expertise and hope
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virtuoso
Monday, 03 June 2019

SUBCONTRACTOR PAYMENT DISPUTES: HOW CAN I GET PAID ON TIME, EVERY TIME?

Despite what the Queensland Government would have you believe, the answer is; you cannot. There will always be a minority of bad eggs within the industry who will try to avoid or delay payment. However, if you take the following simple steps you can substantially reduce the risk of delayed or non-payments. ACT EARLY Often

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After my initial consultation with Axia Litigation Lawyers, I felt the tension and stress fall away. They were both compassionate and understanding of my case and were diligent and thorough in their work ethic.

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