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…
Is My Claim Statute-Barred?
Among the many defences that may be available in response to a claim, one that can be particularly potent is the defence that a claim is statute-barred because of an expiration of a time limitation. The…
Navigating Queensland Defamation Laws
The Defamation Act 2005 (Qld) (‘the Act’) has undergone significant amendments in recent years, aimed at modernising and streamlining defamation laws in Queensland. These changes reflect the rapidly evolving landscape of communication and the need for…
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…