Mallesons Contruction Legal Update

2/03/2009

How claims for misleading conduct may invalidate action taken under the security of payment legislation
Misleading conduct by a party issuing a payment claim under the Building and Construction Industry Payments Act 2004 may lead to the payment claim being set aside.

Risk of inserting ‘Nil’ or ‘N/A’ in Annexure of Australian Standard Contracts
A property developer (the ‘Respondent’) and contractor (the ‘Applicant’) entered into a building contract using the Australian Standard General Conditions of Contract AS2124-1992 (the ‘Contract’) for the construction of a 12 storey apartment building.

Serving payment claims via facsimile and who bears the risk of non-receipt
A contract between Zebicon and Remo provided a reference date of the 20th of each month, unless the 20th day was not a business day, in which case the reference date would be the next following business day

Who does this affect?

All parties who are involved in the preparation, completion and administration of construction contracts

What do you need to do?

If you would like to discuss these cases further, please contact Scott Budd or Mark Darian-Smith