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Bradbury Legal in Sydney, Australia | Construction company



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Bradbury Legal

Locality: Sydney, Australia

Phone: +61 2 9030 7400



Address: Ground Floor, 437 Kent Street 2000 Sydney, NSW, Australia

Website: http://bradburylegal.com.au/

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25.01.2022 When are settlement agreements concerning payment claims void under SOPA? If a respondent fails to issue a payment schedule in time, but the parties then reach a settlement agreement in relation to the payment claim and construction contract, can the claimant still pursue summary judgment for the full claimed amount due to s.34 of the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA)? To find out, visit the link below: ... http://www.bradburylegal.com.au/when-are-settlement-agreem/ #sopa #securityofpaymentact #paymentclaim #constructionindustry #bradburylegal #construction #construction #building #property #landlord #commercialproperty #propertymanagement #commercial #commercialrealestate #security #realestate #projectmanagment #settlementagreement #settlements



24.01.2022 The team on Melbourne Cup day.

23.01.2022 Injunctions and bank guarantees: Case: Uber Builders and Developers Pty Ltd v MIFA Pty Ltd [2020] VSC 596 If you are a developer, a contractor or a subcontractor and you or someone you know needs advice in respect of whether it is possible to have recourse to security, please get in touch with the staff at Bradbury Legal. ... Alternatively, if you are in the process of drafting and negotiating a contract, including the clauses relating to security, Bradbury Legal is able to assist and help you know exactly what you are signing up to. View our article in the below link to read more on when can a contractor prevent a developer having recourse to bank guarantees or performance bonds: http://www.bradburylegal.com.au/construction-lawyers-in-sy/ #legal #lawyer #security #compliance #bank #lawyers #developer #builders #sydneyconstruction #contractors #uberbuildings #developers #legaladvice #bradburylegal #contractmanagement #contractnegotiation #sydneylawfirm #boutiquelawfirm

23.01.2022 Playing a game of cards in the office on our lunch break to change things up a bit this week. It’s the simple release of energy that allows the team to refocus and ultimately become more productive and efficient throughout the day. #playingcards #office #uno #construction #productivity #teamwork #constructionindustry #sydneyconstruction #sydneyoffice



21.01.2022 A reminder that one week from today, building regulation starts a new era. From 1 September 2020, the NSW Building Commissioner and authorised officers will be able to use their broad compliance and enforcement powers to order production of information, enter building sites, make stop work or building work rectification orders, or prevent the issue of occupation certificates or strata plan registrations where there is a serious defect in a residential apartment building. Thes...e powers exist under the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020. For more information, see https://www.customerservice.nsw.gov.au//new-powers-to-prev See also our article on the six-pillar Building Reform package in NSW, at http://www.bradburylegal.com.au/regulatory-overhaul-and-re/ #buildingindustry #buildingandconstruction #residentialproperty #residentialapartment #compliancemanagement #constructionprojects #sydneybuilders #buildingconstruction #occupationcertificate #strata #registrations #complianceandenforcementact #defect #NSW #legaladvice #nswgovernment

20.01.2022 Meet the team at Bradbury Legal

20.01.2022 Our newsletter came out this morning, if you aren't signed up to receive the newsletter, please sign up in the below link: https://lnkd.in/fH54h_Y To view the October edition, please visit the link below:... https://lnkd.in/gKUxHn3 We hope you enjoy the articles. #covid19australia #constructionindustry #constructionworkers #projectmanagment #buildingandconstruction #buildingindustry #constructionlaw #lawyers #legaladvice #projectmanager #builders #sydneyconstruction #sydneyaustralia #lawfirm



18.01.2022 Congratulations to our newly admitted Lawyer Lachlan Muir. #admitted #lawyers #legaladvice #sydneylawyers #constructionindustry #constructionlaw

17.01.2022 What is the amount of damages available to an owner for late completion of work on a residence that the owner does not intend to live in or rent? In Leeda Projects Pty Ltd v Yun Zeng [2020] VSCA 192, the Victorian Court of Appeal (VSCA) was required to answer this question. The case demonstrates that the court will look at the intention of the owner in ascribing a value, if any, to the use of the residence which was unable to be enjoyed as a result of a builder’s breach by la...te delivery of works. To read more, visit the link below: http://www.bradburylegal.com.au/what-is-the-amount-of-dama/ #rental #owner #sydneyconstruction #constructionindustry #constructionlaw #constructionsector #projectmanagment #appeals #victoriancourt #buildersbreach #residences #constructionprojects #legaladvice #contracts #nswgovernment #localcourt #nsw #builder #bradburylegal#sydneybuilders

17.01.2022 If you do not want your standard-form contract to refer you to arbitration, you must do more than insert Not Applicable into relevant Items in Annexure Part A. You must ensure that the General Conditions of Contract are correctly amended so that you are not forced into arbitration. For more information please visit the link below: http://www.bradburylegal.com.au/is-the-arbitration-agreeme/... #arbitration #contract #construction #constructionlaw #legaladvice #sydneybuilders #sydneyconstruction #bradburylegal #builders #contractmanagement #casestudy #legalassistance

17.01.2022 A tale of two Acts: The DBP Act and the RAB Act represent a major regulatory change from the NSW Parliament which will have serious consequences for building professionals. While these legislative reforms are aimed at promoting confidence in the building industry in light of developments such as Mascot Towers and Opal Tower, they radically shift the current status quo for building professionals. Those who carry out building work, from consultants and designers to builders and... developers should seek specific legal advice as to where they stand in respect to these new legislative regimes. http://www.bradburylegal.com.au/a-tale-of-two-acts/ #mascottowers #opaltower #development #projectmanager #projectmanagement #bradburylegal #construction #constructionlaw #constructionindustry #builders

16.01.2022 Some of the team celebrating national cheeseburger day. #cheeseburger #burger #lawyersofinstagram



14.01.2022 The West Gate Tunnel leads to arbitration Parties who agree to arbitration as their preferred dispute resolution forum should note that the courts are increasingly minded to allow arbitral tribunals to rule on their own jurisdiction or competence under the CAA. A party should closely consider whether their set of circumstances are truly urgent or exceptional to warrant intervention by the court. If not, it would be better to apply its resources in ventilating preliminary is...sues in the arbitration first, then challenging the arbitrator’s determination on those issues if necessary and as permitted by the CAA. For the full article, visit the link below: http://www.bradburylegal.com.au/the-west-gate-tunnel-leads/ #arbitration #subcontractors #constructionindustry #constructionlaw #legaladvice #constructionprojects #construction #sydneyconstruction #sydneylaw #lawyerlife #sydneyaustralia #legalnews #projectmanagment #CAA #suspensionclause #projectco #forcemajeure #builders #bradburylegal

14.01.2022 R U OK? Working in a high-pressure environment in the legal profession means that lawyers can be more prone to anxiety, depression, and mental illness. With Covid-19, the last year has been challenging, not only for lawyers, but for everyone. R U OK?... If you’re struggling or having a hard time, we want you to know that we are here, we see you and we support you. All it takes is a conversation and you could be helping those in need. If you would like to do more, then head to: https://lnkd.in/gGecy8j #ruok #ruokday2021 #buildingandconstruction #suicideprevention #mentalhealthawareness #legalprofession #law #mentalhealth #weareallinthistogether

11.01.2022 A Downer of a decision: The importance of articulating adjudication submissions In Diona Pty Ltd v Downer EDI Works Pty Ltd [2020] NSWSC 480 (Diona), the Supreme Court considered an application to set aside an Adjudicator’s Determination for failure to consider the terms of the contract as required by s 22(2)(b) of the Building and Construction Industry Security of Payment Act 1999 (the SOP Act). For background and key takeaways of the article, visit the link below: ... http://www.bradburylegal.com.au/a-downer-of-a-decision-the/ #paymentclaim #supremecourt #australia #law #legaladvice #subcontractors #adjudictionapplication #adjudication #court #securityofpayment #submissions #constructionindustry #constructionlaw #construction #buuilders #buildingandconstruction

10.01.2022 We are thinking of you Victoria! Stay safe! #covid19 #victoria #thinkingofyou #inthistogether2020 #covid19pandemic #constructionlaw #sydneyconstruction #coronarvirus #2020

10.01.2022 How the new 2020 SOPA Regulation will affect owner occupier construction contracts: the key changes that you need to know can be found in the link below: https://lnkd.in/gkJtqmp #sopa #securityofpaymentact #2020regulations #constructionlaw #contractmanagement #constructionindustry #bradburylegal #construction #builders #buildingandconstruction

09.01.2022 Congratulations Ashleigh Vumbaca from our office for being named a finalist in the Lawyers Weekly Women in Law Awards for Senior Associate of the year. #seniorassociate #lawyersweekly #awards #lawyers #law #award #womeninlaw #recognition #bradburylegal #congratulations #sydneyconstruction

08.01.2022 It is commonly understood by participants within the building and construction industry that payment claims made by a head contractor under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SoPA), are to be served with a supporting statement in respect of subcontractors. The purpose of imposing this obligation on head contractors is clear and simple: to ensure payment of subcontractors is a priority. #securityofpayment #sopa #buildingandconstruction ...#constructionindustry #contractlaw #constructionprojects #buildersinsydney #sydneyconstruction #constructiondisputes #disputeresolution #claims #progressclaim For further details, please visit the link below: http://www.bradburylegal.com.au/subcontractor-supporting-s/

08.01.2022 Meet our latest recruit, Darcy Mort. Darcy specialises in dispute resolution. #startthemyoung #newrecruit #disputeresolution #sydneyconstruction #constructionlaw #constructionlawyer #buildingdisputes #disputes #law

07.01.2022 Do you have questions on the services we offer? Who we are? Who our clients are? Our Capability Statement is always available. Please email us at [email protected] for your copy to be sent today. ... #capabilitystatement #legalservices #constructionindustry #constructionlaw #contractadministration #projectmanagment #lawyers #sydneyconstruction #propertydevelopment #propertydeveloper #builders #buildingandconstruction #buildingregulations #contractmanagement #subcontractor

07.01.2022 CONSTRUCTION INDUSTRY UPDATE Construction Industry Lockdown: Stage 4 Restrictions for Metro Melbourne COVID-19 Please visit the link below for the latest restrictions in Victoria relating to the construction industry:... http://www.bradburylegal.com.au/construction-industry-lock/ #victoriarestrictions #updates #covid19legalupdate #covid-19 #constructionindustry #legalnews #constructionmanagement #constructionupdates #victoria #wearehereforyou #metromelbourne #bradburylegal #legaladvice

07.01.2022 In the recent case of Cappello v Hammond & Simonds NSW Pty Ltd [2020] NSWSC 1021, the Supreme Court of NSW considered whether a Building Contract which contained a provision for a nominal amount of liquidated damages in the amount of $1 per day excluded the homeowner from also claiming general damages for delay. To read more, visit the link below: http://www.bradburylegal.com.au/construction-specialists/... #liquidateddamages #litigation #supremecourt #lawyer #law #legal #building #buildingandconstruction #constructionlaw #supremecourtofnsw #buildingcontract #contractdisputes #disputerecolution

06.01.2022 We are extremely proud of our very own Senior Associate Ashleigh Vumbaca for making the finalist list for senior associate of the year hosted by Lawyers Weekly. Very well deserved! https://www.lawyersweekly.com.au//senior-/ashleigh-vumbaca #lawyersweekly #lawyersawards #awards2020 #finalist #congratulations #seniorassociate #legaladvice #legalpractice #lawfirm #2020awards #constructionlaw

06.01.2022 A copy of our final newsletter for 2020 is in the below link: https://lnkd.in/g7G7js4 Enjoy!

05.01.2022 Case article Brolton Group Pty Ltd v Hanson Construction Materials Pty Ltd In Brolton Group Pty Ltd v Hanson Construction Materials Pty Ltd [2020] NSWCA 63 (Brolton), the NSW Court of Appeal considered the jurisdictional and procedural fairness grounds of an adjudicator’s determination. http://www.bradburylegal.com.au/case-article-brolton-group/... #constructionlaw #constructionindustry #builders #sydneylaw #contractadministration #legalpractice #nswcourt #appeals #adjudication #determination #jurisdiction #casearticle #projectmanagment #constructionprojects

05.01.2022 Suspension of relief: take out notices, jurisdictional error and Security of Payment Act In Parrwood Pty Ltd v Trinity Constructions (Aust) Pty Ltd, the Court confirmed that, for the purposes of the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA), taking the work out of the hands of a contractor will not remove reference dates accrued before the take out notice is served, even if they are not actually used until after the take out notice is issue...d. To read more, please visit our article in the below link: www.bradburylegal.com.au/suspension-of-relief-take-out-not/ #securityofpayment #constructionindustry #compliance #contractors #building #constructionprojects #constructionlaw #buildingdisputes #bradburylegal #SOPA #securityofpaymentact #buildingandconstruction #sydneyconstruction #sydneylegal #legaladvice

04.01.2022 Unfortunately, disputes in the #construction industry are prevalent. The following factors create a unique environment within the #construction industry: * Large number of parties for each project... * Complex contracting arrangements * Complex technical specifications * Complex area of law * Exposure of parties to risks outside their control * Disputed progress claims Cash flow issues in the current economic climate, as well as #COVID related delays and costs has only added to the large numbers of disputes in the #construction industry. If you are a #builder, #developer, #subcontractor, #project manager or anyone else involved in the construction industry, feel free to contact Bradbury Legal on (02) 9248 3450 for any assistance you may need regarding #construction #disputes.

01.01.2022 It is important to consider closely whether the terms of your contract allows you to submit completion documents (or other documents) via a Dropbox link. If the contract uses words like provide, send, make available, etc, it is unlikely that merely providing a link to those documents will satisfy the obligation unless and until the documents are actually downloaded or accessed in full by the intended recipient. This can be difficult to prove. In Wärtsilä Australia Pty L...td (ACN 003 736 892) v Primero Group Ltd (ACN 139 964 045) & Ors [2020] SASC 162, a contractor has failed to recoup $15M because it tried to submit completion reports via Dropbox link. To read more, visit an article written by Jessie Jagger on our website in the link below: https://lnkd.in/g2mbECb #dropbox #bradburylegal #constructionlaw #buildingindustry #buildingandconstruction #buildingdisputes #sydneylawyers #constructionindustry #projectmanager #projectmanagement #contractmanagement #subcontractors #obligations #primerogroup #legaladvice

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