Our Services

Building and construction Articles

Still the season to be wary

With the recent changes in the building and construction industry, the 2018 industry shutdown is a time to be particularly wary. The Building and Construction Industry Payments Act 2004 has been repealed. The Subcontractors’ Charges Act 197...

Read More

Security of payment – a NSW comparison

Not dissimilar to the current state of change in security of payment in Queensland, New South Wales is in the process of tweaking its SOP legislation. Due to a New South Wales election which is due in early 2019, there is some uncertainty as to wh...

Read More

Are you BIF3 ready?

17 December 2018 … is D-day! Chapter 3 of the Building Industry Fairness (Security of Payment) Act 2017 (and Chapters 4 and 5) will commence operation on Monday, 17 December 2018 … in 2 weeks time! From that day:- there is no mor...

Read More

Building Ministers' Forum

The Building Ministers’ Forum comprises Commonwealth, State and Territory Ministers whose portfolios include the building and construction industry.  The Forum facilitates a national dialogue to help address cross-jurisdictional buildin...

Read More

Non-conforming building products update

The status report of the Non-Conforming Building Products Audit Taskforce was tabled in State Parliament on 17 May 2018. The report contains the results of investigations into the use of potentially combustible cladding on Queensland government an...

Read More

Thinking of copying a builder

The design arm of a building company is an important part of its operations. Architectural plans create unique styles which add value to a builder’s business and reputation and should be protected, particularly in a competitive environment. ...

Read More

Cost of poorly-drafted building contracts

The importance of having a written contract is widely accepted in the building and construction (or any) industry. But are you putting in the time necessary to understand and document your negotiations so that your rights are protected by your buil...

Read More

BIF - It's not just PBA

If you are involved in the building and construction industry in Queensland, unless you’ve been living on a deserted island or under a rock, you would be aware that there are BIG changes (both good and bad!!) happening in the industry at the ...

Read More

The importance of TIME in construction projects

The exact date for completing a building project is rarely known during its planning. Consequently building contracts include safeguards to reduce the risk of a party being in breach due to unforeseen delays. Whether a development is large or smal...

Read More

An understanding of construction contracts

While some contractual terms are used in a wide range of construction and non-construction contracts, other contractual terms and references are quite specific to the construction contracts. Understanding what these terms mean and the subtle diffe...

Read More

Proposed amendments to the QBCC Act

Proposed amendments to the Queensland Building and Construction Commission Act 1991 (QBCC Act) (introduced to Queensland Parliament on 26 May 2017) will address a growing problem of non-conforming building products (NCBPs) and attempt to eliminate ...

Read More

The Defects Liability Period and How It Works!

While every builder dreams of the perfect build without so much as a single fault being found with their work, the reality of most construction projects is that once the work is complete, issues may be taken with some of the work and a complaint ma...

Read More

Personal Property Security Register Update

Construction Industry Update The introduction of the Personal Property Securities Act 2009 (PPSA) was to streamline the registration of securities over personal property. The Personal Property Security Register (PPSR) is a national, electronic re...

Read More

Security of payment reform

Security of payment reforms have serious implications for building and construction industry Upcoming changes to legislation within the Queensland building and construction industry will have serious implications to developers, builders, sub-contrac...

Read More

Liquidated damages in construction contracts

The inclusion of a liquidated damages clause in construction contracts is a common way of compensating an Owner or Head Contractor if a Builder or Subcontractor is delayed in finishing the work which is the subject of the contract. It is therefore...

Read More

QCAT Process & procedure in building disputes

QCAT is an independent tribunal that is part of the justice services division of the Department of Justice and Attorney General. QCAT aims to actively resolve the disputes that come before it in a way that is fair, just, accessible, quick and inex...

Read More

Security of Payment – Construction Contracts

When entering into a contract for building and construction work it is important for all parties to understand what the process is if a dispute arises over payment of money under the contract. Regardless of whether the contract is written or oral,...

Read More

Still more building industry reforms

The Queensland Department of Housing and Public Works is seeking industry responses to a discussion paper concerning:- insolvency in the contractual chain leaving Contractors and Subcontractors unpaid for their work; Contractors and Principa...

Read More

Master Builders Magazine December 2015

23 December 2015 Ever needed some advice with a client dispute? What about drafting or reviewing a contract? Or help with chasing an unpaid invoice? Responding to a BCIPA adjudication? Or responding to a QBCC Direction to rectify? Garland Wadding...

Read More

Changes to BCIPA 24 November 2014

The proposed changes will apply to all contracts entered into on and from 24 November 2014.  The ‘old rules’ apply to contracts entered into before 24 November 2014 … except as to the appointment of Adjudicators.  Al...

Read More

Variations must be in writing

The message to all as we commence 2014 will be, as it has been for many years … get your paper work right! Remember, the contract is your contract. It contains the terms on which you will complete the works. If the contract is to be var...

Read More

BCIPA Freeze Industry Payments Act

‘Tis the season to be wary With the traditional industry shut down now fast approaching, you need to be sure that someone is keeping an eye on your business whilst you are away … particularly if any Payment Claim issued under the Bu...

Read More

Building Services Authority becomes QBCC

By operation of the transitional provisions of Queensland Building and Construction Commission Act 1991, effective on and from 1 December 2013, the Queensland Building Services Authority (BSA) is no more.  It is officially dissolved and rep...

Read More

Connect With Us

Phone: (07) 5443 4866

Email: advice@gwlaw.com.au

Level 3, Cnr The Esplanade & Second Avenue, Maroochydore QLD 4558

PO Box 630, Maroochydore QLD 4558

How can we help you?