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Author Archive: Aitchison Reid

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Subcontractors/Trades: Three Quick Tips to Getting Paid

19 June 2017

As a subbie, the fastest way to make sure you get paid is to use an Act that has been designed exactly for you – The Building and Construction Industry Payments Act 2004, or BCIPA for short

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Announcement: MPAQ’s Solicitors Aitchison Reid

14 June 2017

Aitchison Reid Building and Construction Lawyers are delighted to announce we are Master Plumbers’ Association of Queensland (MPAQ) solicitors. As MPAQ’s solicitors, we are excited to now provide building and construction law services to MPAQ’s trade members.

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Cost Plus Contracts – A curse for homeowners and lenders

02 June 2017

Consumers and lenders have more to fear from cost plus than just cost overruns.

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News: Debtor pays adjudication award on risk of debt enforcement

02 June 2017

After our letter of demand and confirmation we would be registering the judgment and proceeding with enforcement against them, the respondent has paid our client in full.

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The Developer’s Worst Nightmare: The Ambush Claim

28 May 2017

You have just completed a development. Practical Completion has occurred some months ago, the final practical completion payment has been paid and you have taken possession of the units. You may have already on sold some or all of the units. The wild ride of developing is drawing to a close and finally you feel like you can sit back and reap the rewards. But then out of the blue you receive another payment claim from the builder. The expiry of the defects liability period is not for another 10 months, so how could this be? Surely it is not a valid payment claim?

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Domestic Plumbing: Are you charging the right deposit?

26 May 2017

It is well known in the industry that a deposit for domestic building work must be no more than either 5% or 10% depending on the contract price unless the majority of the work is carried out offsite. BUT did you know that if you haven’t started work and you charge for materials, even if the materials have been delivered to site, your charge will be counted as part of the deposit, causing you to infringe your licensing obligations and possibly be penalised?

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What does the Unfair Contracts Law mean for you?

19 May 2017

If you are a small business you now[1] have protection against unfair contract terms. If you are not a small business, you may be dealing with small businesses and as a result should understand how this new law works too.

A small business is a business which employs less than 20 employees at the time the contract is entered into.

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Commercial Contracts – Why is the termination for convenience clause so nasty?

19 May 2017

By itself a clause allowing the builder to terminate the contract for any reason seems unfair and unjust. Which it is, but that’s not why this clause is so nasty.

The termination for convenience clause was actually designed and drafted to avoid statutory protections intended to protect subcontractors. This article details how this clause works and what you can do to protect yourself.

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Are you playing the game?

12 May 2017

For the past couple of years some builders have been playing a game with paying their subbies. Unfortunately most sub-contractors have been completely unaware a game is being played and by the time they find out it is usually too late.

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The builder you are working for has gone bust!!!

02 May 2017

You’ve been working hard, the job’s going well, then the builder you are working for goes into liquidation. What can you do now?

You might think there’s nothing you can do. But, there are some steps you can take to protect yourself and at least give you a chance of recovering some of the money you are owed.

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