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Building & Construction

16 articles on Building & Construction from the McCarthy Durie team.

Defective Building Work - Know Your Rights as a New Homeowner in Queensland
July 2025

Defective Building Work - Know Your Rights as a New Homeowner in Queensland

by Drazen Kozaric Building your dream home should be exciting—not a legal nightmare. But if you’re facing construction defects, it’s important to act fast. What Counts as Defective Building Work? Defective work includes anything that is faulty or

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Ethical competitor or pricing predator?
May 2022

Ethical competitor or pricing predator?

By Michelle Cirson The Australian construction industry is no stranger to price-wars, underpricing and zero percent margins. With supply and demand imposing a volatile tug-o-war over work in the pipeline, contractors have resorted to buying work to

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Five Day Extension to Settlement Now Possible in Queensland
January 2022

Five Day Extension to Settlement Now Possible in Queensland

By John Warlow On 20 January 2022 the REIQ released new versions of its contracts for the sale of houses and apartments in Queensland. The new contracts contain a number of amendments. But most importantly they contain a new Clause 6.2 which gives e

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Virtual AGM's & Electronic execution and witnessing of documents during Covid 19
July 2020

Virtual AGM's & Electronic execution and witnessing of documents during Covid 19

The government has passed the Justice Legislation (Covid-19 Emergency Response – Documents and Oaths) Regulation 2020 which allows documents to be temporarily witnessed by a Special Witness (being an Australian Legal Practitioner) to witness document

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Avoiding Complications with Party Identity and Planning Appeals
July 2020

Avoiding Complications with Party Identity and Planning Appeals

We often see Court proceedings being conducted in the name of the development consultant, either as the Appellant or Co-Respondent, instead of the client. In our opinion, this isn’t a good situation for either the development consultant or the client

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BUILDERS & SUBCONTRACTORS | Tips to ensure you are paid
May 2020

BUILDERS & SUBCONTRACTORS | Tips to ensure you are paid

Getting paid in the building industry is sometimes more difficult than winning a job in the first place. In this article John Warlow goes through the best ways for builders and subcontractors to ensure they receive payment.1. Have clear written agree

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July 2019

Have your say on the Building Act 1975

Building certification in Queensland and the Building Act 1975 are currently being reviewed by the Department of Housing and Public Works and the Queensland Building and Construction Commission. The…

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July 2019

Commercial construction and company investment driving QLD growth

Queensland's economy is being increasingly driven by non-residential construction and investments from businesses, according to the latest figures from CommSec. Commsec's quarterly report highlighted…

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July 2019

The importance of monitoring building timelines

Recent BCIPA case underlines the need to remain aware of contract terms MDL is currently working on behalf of a large pool contractor who subcontracted to a large Queensland-based building company.…

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July 2019

QBCC decision on rectification works causes complications

Recent case reveals the need for timely action A recent decision by the Queensland Building and Construction Commission (QBCC) in the Queensland Civil and Administrative Tribunal (QCAT) is of…

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July 2019

How to choose the best contractual strategy for your construction project

MDL’s Antony Eaton runs you through the issues to be aware of The best contractual strategy for a project is entirely dependent upon the nature of the owner and of the project under construction.…

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July 2019

Does your commercial building contract properly address variations?

What you need to know to make a valid variation claim As a builder working on commercial projects, there are three different types of variations that your contract needs to cover off on: Builder’s…

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July 2019

How to apply for adjudication from the QBCC

A streamlined process for resolving construction payment disputes If you’re owed money for construction work and you need help getting paid, you may be able to use adjudication from the QBCC to…

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July 2019

D-Day for Project Bank Accounts

New initiative will secure payments for subcontractors from 1 March 2018 On 1 March 2018, Project Bank Accounts became a part of the Queensland building and construction industry under the new…

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July 2019

A practical guide to setting up a Project Bank Account

The 4 things to note as a head contractor So, you’re a head contractor on a project that will need a Project Bank Account. How do you go about it?To put it simply – Project Bank Accounts are trust…

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July 2019

How to deal with a dispute for funds in a Project Bank Account

From 1 March 2018, Project Bank Accounts have become part of the construction industry in Queensland. That means as a head contractor you’ll need to know how to deal with disputes when they…

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