Andrew Kelly

"Andrew is a trusted adviser who is practical, solutions-oriented, helpful and responsive."

Unravelling the mining exclusion and notice requirements to pull security under the QBCC Act

A recent decision by the Supreme Court of Queensland has made clear the mining exclusion in the Queensland Building and Construction Commission Act (the Act) relieves a party to a contract for "construction work in mining" from complying with requirements under the Act.

Time will tell, or will it? 'Unfair' time bars in Western Australia's new security of payment model

As of 1 August 2022, Western Australia implemented new security of payment provisions under the Building and Construction Industry (Security of Payment) Act 2021 (WA) (Act).

Conditional certificates of practical completion are unlikely to be valid

A recent New South Wales Supreme Court decision has found that a practical completion certificate had no contractual effect for failing to comply with the contractual requirements governing the form of that certificate.

Is a letter of demand a payment claim?

A recent New South Wales Supreme Court decision has found that a letter of demand could constitute a valid payment claim for the purposes of the Building and Construction Industry Security of Payment Act 1999 (NSW) (BCISP Act).

Don’t forget to give your reasons when challenging a payment claim – or risk the consequences

The importance of providing reasons when challenging a payment claim has been reinforced by a recent Supreme Court of Queensland decision.

Thomson Geer secures significant costs recovery for Pro-invest Australian Hospitality

Thomson Geer has secured significant costs recovery for Pro-invest Australian Hospitality.

Back with a vengeance … Queensland’s head contractor exemption lives to see another day (for now)

Queensland’s head contractor licensing exemption is likely to remain after plans to abolish it appear to have been scrapped.

The mean of ‘due and payable’ for the purpose of recourse to performance security

A recent decision in the Supreme Court of Western Australia has continued the trend of the Courts in applying the generally accepted meaning of ‘due and payable’ contained in construction contracts.

No piling on additional contracts: A payment claim can only be issued for work performed under one c

Thomson Geer’s Brisbane Construction Team recently acted for the successful party in a Supreme Court of Queensland proceeding which confirmed that a payment claim containing claims under two separate contracts will be void under the Building Industry Fairness (Security of Payment) Act 2017 (Qld).

A tale of two payment schedules

A Supreme Court of Queensland decision continues the trend of the Court in applying a common-sense approach where parties argue that competing documents amount to a payment schedule for the purposes of the Building Industry Fairness (Security of Payment) Act 2017 (Qld).

Festive season payment claims

Christmas is just around the corner, and as we approach the end of the year, it is important to remember the timing requirements for payment claims and payment schedules under the relevant security of payment legislation for each State and Territory.

Queensland Government now confirms major changes to the BIF Act are less than a month away

Earlier this year we reported on the upcoming amendments to the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act) that are set to change the construction industry. COVID-19 caused the Queensland Government to postpone the commencement of the amendments, but the wait is over.

COVID-19 postpones Queensland’s project trusts account regime

In March 2020, we reported on the upcoming amendments to Queensland’s Project Trusts Account regime scheduled to roll out in four phases in accordance with the Building Industry Fairness (Security of Payment) and other Legislation Amendment Bill 2020 (Qld) (BIFA Amendment Bill).

Adjudicators on notice: Supreme Court demands strict compliance with deadlines

Thomson Geer’s Brisbane Construction Team recently acted for the successful party, Galaxy Developments (Developer), in the Supreme Court of Queensland proceeding Galaxy Developments Pty Ltd v Civil Contractors (Aust) Pty Ltd t/a CCA Winslow & Ors [2020] QSC 51.

COVID-19 and force majeure… are you feeling frustrated yet?

The Coronavirus disease (‘COVID-19’) is causing unprecedented global concern with the World Health Organisation declaring the disease a global pandemic. The effects of COVID-19 are visible for all to see.

Goodbye project bank accounts, we barely got to know you

Changes are being made to the way accounts need to be established for Queensland building and construction projects. The changes should be reviewed carefully to avoid exposure to heavy penalties.

Thomson Geer advised Quanta Services Inc on the Lincoln Gap Wind Farm

Thomson Geer assisted multinational engineering, energy and infrastructure company Quanta Services Inc, in securing outstanding payments of $35 million from German wind turbine manufacturer, Senvion GmbH. Quanta was contracted by Senvion to build the 59 turbine, 210 Mw on the Lincoln Gap Wind Farm.

Thomson Geer assisted Quanta Services Inc on various windfarm projects, including GE/Catcon

Thomson Geer assisted multinational engineering, energy and infrastructure company Quanta Services Inc, in securing unpaid contractual entitlements across various windfarm projects including Silverton (NSW), Willogoleche (SA), Bodangora (NSW), Coopers Gap (Qld) and Emerald Hill (Qld).

Queensland Government accepts Project Bank Account recommendations

The Queensland Government has accepted or accepted in-principle all of the recommendations made in two independent reports into building industry fairness reforms, published by the Building Industry Fairness Reforms Implementation and Evaluation Panel and Special Joint Taskforce.

Festive season payment claims

Christmas is just around the corner, and as we approach the end of the year, it is important to remember the timing requirements for payment claims and payment schedules under the relevant security of payment (SOP) legislation for each State and Territory. Be aware of the timeframes required.