Building Contracts, regulation and requirements
Whether you are a builder offering to construct domestic or commercial premises, or a land owner or lessee looking to have domestic or commercial premises constructed on your site, such an undertaking is invariable a large scale project, expensive, can be frankly scary and can be attended by many pitfalls for the unwary. Building works; […]
Barred by laches
The doctrine of laches is based on the maxim “equity aids the vigilant and not those who slumber on their rights”. It is an equitable defence that aims to protect a party against unreasonable delay in bringing a case against them.
Application to strike out
Rule 171 of the Uniform Civil Procedure Rules 1999 (Qld) (the UCPR) allows a court to strike out a pleading or part of a pleading in some circumstances. The rule is underpinned by the objective that “a claim should proceed in a timely way and that the rules are to be applied with the objective of avoiding undue […]
Building project delays: what are your rights?
Delay Claims in Domestic Building Contracts In Queensland, the building industry is regulated by the Queensland Building and Construction Commission Act 1991 (Qld) (the Act). The stated objectives of the Act are to regulate the building industry, provide remedies for defective work, to educate builders and consumers, and to regulate domestic and commercial building contracts (amongst other things). […]
Registering a business name in Australia
The Business Names Registration Act 2011 (Cth) (the Act) requires “an entity that intends to carry on a business under a business name to register the business name on a nationally established and maintained register of business names”. That register is the Business Names Register. The Act aims to enable easy identification of a business and avoid the […]
Contract law: the contra proferentem rule
In a perfect world, the wording of contracts would be concise and unambiguous. However, it is not surprising that contract ambiguity regarding the interpretation or intended meaning of a term often leads to disputes. The contra proferentem rule is a construction aid in disputes involving the ambiguity of a term in a written contract. The […]
