A refusing neighbour can stall a tight site fast. This piece runs through when a negotiated access deed will get you there, when section 180 of the Property Law Act might, and what a court actually expects to see before it forces the issue.
Getting onto a neighbour's land without the right paperwork is trespass, no matter how routine the job. Here's what to lock down in an access deed before you need it.
A crane oversailing next door or a rock anchor under someone else's land can be trespass, even without damage. Here's why an access deed, negotiated early, is cheaper than the alternative.
Contractors often assume a principal can't claim liquidated damages without showing real financial loss. That's usually wrong. Here's what actually makes an LD clause enforceable, and where it can still fail.
Programs move faster than paperwork. When work starts before a contract is signed, courts look at conduct, not signatures, to decide what was agreed. A recent Court of Appeal decision shows how that can go wrong, and what to do about it.
Although there are multiple elements to a valid payment claim, each can be met with modest administrative discipline. There is no universal template that suits every project. What constitutes a “perfect” claim will depend on the contract, the scope of work and the commercial context. However, the statutory essentials are clear and manageable.
Performance security has long been one of the most contested aspects of construction projects.
Retentions and bank guarantees regularly remain in dispute well after completion. Security release can then be tied up in contractual arguments about defects, delay, or final accounts.
The reforms to Victoria’s security of payment regime change that, by giving claimants a clear statutory pathway to recover performance security.
