On 4 March 2024, Chief Justice Helen Bowskill of the Supreme Court of Queensland’s new Practice Direction (Number 2 of 2024) will come into effect, which will dramatically improve how large and complex building, engineering and…
Are your Construction Contract Terms Unfair?
Contracts are crucial in the business world, especially in the building and construction industry. They outline the rights and responsibilities of each party involved. However, not all contract terms are fair or equitable. The Australian Competition…
Navigating Fixed Price Building Contracts
We have noticed an increase in builders seeking to either terminate or increase the contract sum for fixed lump sum building contracts. It is no secret that the past few years have been challenging for builders,…
Unenforceability of Price-Escalation Clauses
In the recent case of Perera v Bold Properties (QLD) Pty Ltd [2023] QDC 99, the Queensland District Court has ruled against the enforceability of special conditions in new home building contracts which allow builders to unilaterally increase a…
Builders Subcontractors’ Charge
A subcontractor’s charge is a way for subcontractors to secure payment of amounts owed to them under an eligible contract by someone who is higher in the contractual chain (e.g. the principal). Essentially, it allows the…