In the commercial construction space, limitation and exclusion of liability clauses serve as a key risk management tool. These clauses can limit or exclude types of liability of one party to another, providing certainty and predictability in the event of a dispute. That said, a poorly drafted clause can be worse than none at all. Courts require clear, unambiguous wording, and overly broad or vague provisions may not be enforceable.
It’s the call no principal or developer wants to get: your contractor has gone into liquidation, and the site is at a standstill. Tools down, workers gone, project incomplete. You’ve invested significant time and money into the project, and now everything is in limbo. So what happens next? Can you recover, carry on with the project, and protect your interests? The answer is: yes, but what you do in the early stages will make a big difference to the outcome.
On 5 September 2025 the Federal Court handed down its judgement in the Coles and Woolworths underpayment case. The decision dealt with two questions regarding award covered staff who are paid an annual salary: Can an employer use extra salary paid in one period to cover award shortfalls in another, and do employers still need to record overtime for award covered salaried staff?
A commercial lease is more than a document that gives you the right to occupy a space. It is a strategic tool that shapes the financial and operational relationship between landlord and tenant. Get it right, and it can support a stable and productive business relationship. Get it wrong, and you may face costly disputes, unexpected liabilities, and limited options to exit or adapt.
Legal costs are often viewed as a necessary evil, an overhead to be kept low and called upon only when things go wrong. But many successful contractors are flipping that model on its head. By embedding legal expertise into their project teams from the outset, they’re not just avoiding disputes, they’re protecting margin, improving recoveries, and driving profitability across the life of the project.
For small construction businesses, staying solvent can be a balancing act. Delays in payments, rising material costs, underpriced contracts, or one failed project can create a domino effect that quickly leads to financial distress.
Adjudication under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA) is designed to be fast and decisive. But speed comes at a cost: SOPA imposes unforgiving deadlines and technical requirements that can catch even seasoned operators off guard.
Selling a construction business is a big step that you might only get to do once. The last thing you want is for the deal to fall through or for a buyer to slash the price because a nasty surprise pops up during due diligence.
