COVID-19 Update

Malcolm Liu

Liquidated Damages after the COVID-19 Pandemic in the Construction Industry

The COVID-19 pandemic has severely disrupted the schedules for most construction projects in Victoria and Australia. As such, construction industry bodies (like the Master Builders Association) fear a surging wave of litigation will hit the construction sector as statutory demand and debt collection protections are lifted as the country recovers economically from the pandemic. Liquidated … Read More

High-Rises in Construction Insolvencies 2021: Builders to Feel the Pressure from Statutory Demand Protections Lifting and Other Reversals

During the COVID-19 pandemic, the Australian and Victorian government instituted several legislative changes and policies to reduce the financial impact suffered by businesses, including instituting additional protections and financial support packages. As the Australian economy slowly comes out of the pandemic, these measures are also being slowly being removed as the country reverts to pre-COVID … Read More

Issuing valid invoices under the Building and Construction Industry Security of Payments Act; when does an entitlement to the invoiced amount arise and consequences of invalid invoices

The Building and Construction Industry Security of Payment Act 2002 (Vic) (the Act) serves to act as an alternative to traditional litigation for the recovery of unpaid invoices and payments claims in the construction industry, with the benefit of being a quicker method of resolution. However, as a trade-off for such speed efficiency is the … Read More

Contract is King – Where the intentions of the parties are overruled by the terms of the contract

Upon general contract principles, the express terms and construction of a contract that has already been signed may be amended where it can clearly be shown that the contract was drafted or entered into incorrectly on the basis that some of the terms of the contract are inconsistent with the actual intentions of the parties. … Read More

A Roundup of Recent Construction Cases

The following is a brief roundup of cases relevant to the construction industry. These cases primarily involve labour laws and the behaviour of both employers and unions. In their judgments, the courts found that there was a consistent pattern of offending by certain groups. Australian Building and Construction Commissioner v James Fissenden & Anor [2020] … Read More

Contractual obligations during COVID-19: Force Majeure and Frustration

The spread of the coronavirus (COVID-19) pandemic is significantly impacting the performance of contracts and the ability of businesses to carry out their contractual obligations. We have received questions from our clients as to how the impact of COVID-19 could affect their contractual obligations, particularly as they are becoming increasingly difficult to perform. This article … Read More

COVID-19 and Your Business Contracts

Headlines in all media sources have been dominated by COVID-19, or the coronavirus, and governments around the globe are ramping up their protective measures to combat the spread of the virus. It has been officially declared as a pandemic, and the Australian government aims to reduce transmission rates by implementing lockdown procedures and closing non-essential … Read More

COVID-19: Implications for Construction Projects

Headlines in all media sources have been dominated by COVID-19, or the coronavirus, and governments around the globe are ramping up their protective measures to combat the spread of the virus. It has been officially declared as a pandemic, and the Australian government aims to reduce transmission rates by implementing lockdown procedures and closing non-essential … Read More

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