Lenz Moreton Insights

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The latest Lenz Moreton Insights:

09/07/2015 – Water and Wastewater Industry

Chris Lenz is a lawyer and chartered professional engineer with a passion for water and wastewater.  As an engineer, he supervised the construction of a mass concrete dam in a remote mountainous location with its delivery water pipeline in rugged terrain

02/06/2015 – Our construction mediation research article is now published!

On 4 December 2014 our newsletter made reference to Chris Lenz’s research into the evaluation mediation model for Australian construction disputes, and his hope that it would be published in a peer reviewed journal

04/12/2014 – Alternative dispute resolution – construction mediations

Chris Lenz has now carried out his research about whether evaluativemediation is the preferred model in the Australian construction industry. His conclusion, based on a theoretical “fact scenario”, is that evaluative mediation is not the preferred model for construction disputes

13/10/2014 – BCIPA Amendments

On 1 and 2 October 2014 Chris Lenz, a registered adjudicator, attended a compulsory two-day training course for registered adjudicators to become familiar with the amendments to the Building and Construction Industry Payments Act 2004 (“BCIPA”) which were passed in Parliament on 11 September 2014. The amended BCIPA is awaiting assent by the Governor

22/09/2014 – Mediation – Negotiate a resolution of your dispute and maintain good relations

Between 11 and 14 September 2014, our principal, Chris Lenz, attended a postgraduate mediation course at the University of Queensland. Having undergone mediation training in 1990 and again in 2002, and having conducted over 80 mediations since then, Chris was amazed at how much mediation had developed over the last 10 years or so

21/08/2014 – Will some of Forge’s creditors be $50 million richer?

On 26 July 2014 Amanda Saunders of the Sydney Morning Herald reported that KordaMentha, receivers for the Forge Group, were issuing proceedings in the New South Wales Supreme Court seeking control of four gas turbines from APR Energy (“APR”), which had leased the turbines to the Forge Group for power station construction

21/05/2014 – Bank guarantees not to be used for unliquidated demands, e.g. Damages

Earlier this year, Martin J, in the case of Beyfield Pty Ltd v Northbuild Construction Sunshine Coast Pty Ltd [2014] QSC 12 held that the builder could not call on bank guarantees for its claims for damages against sub contractor for alleged trespass, breach of 

30/04/2014 – Expected changes to BCIPA

On 15 April 2014 the QBCCA held a briefing (with 3 speakers) at the Convention Centre for adjudicators about the forthcoming legislative changes to the Building and Construction Industry Payments Act 2004 (“ BCIPA”)

23/04/2014 – Important recent amendments to the Privacy Act 1988

On 12 March 2014 some very important changes took place to the Privacy Act 1988 (the “Act”). The Australian Privacy Commissioner, Mr Timothy Pilgrim (the “APC”) in a press release on Tuesday, 11 March 2014 said that

27/02/2014 – Builders Lament – Body Corporate’s Rejoice

Whilst the case of The Owners – Strata plan number 61288 v Brookfield Australia Investments Ltd [2013] NSW CH 317 is on special leave to the High Court, it is a decision that neatly captures the law of negligence in relation to builders and owners of bodies corporate

19/02/2014 – Void decision is of no effect

A contractor, BGC Contracting Pty Ltd (“BGC”) claimed over $35 million for the construction of a dam in Central Queensland, for BM Alliance Coal Operations Pty Ltd (“BMA”), and the claim went to adjudication with the adjudicator awarding a progress claim of over $25 million, including sums in respect of latent conditions and termination costs claims

12/02/2014 – To a good 2014!

Our first newsletter for the year reflects on some of the matters that we helped our clients to resolve in 2013 because we believe that with increased economic activity this year, clients will be prepared to chase moneys owed to them a little more vigorously to finance growth in 2014

11/10/2013 – Don’t become a BSA excluded individual

BSA licence holders may become excluded individuals if:

  1. they become bankrupt or take advantage of the laws of bankruptcy; or
  2. a company in which they are a director, secretary or influential person has an administrator, controller, liquidator or provisional liquidator appointed…

10/10/2013 – Construction rebound? Take care with your contracts!

In a Courier Mail article on 8 October 2013, Anthony Marks referred to
data released by AIG and the HIA showing the first real positive trend for the
industry since April 2010…

03/10/2013 – WTE Co-Generation & Anor v RCR Energy Pty Ltd & Anor [2013] VSC314

A Victorian Supreme Court judge in the case of WTE Co-Generation & Anor v RCR Energy Pty Ltd & Anor [2013] VSC314 (“WTE”) recently decided that a dispute resolution clause was not enforceable due to its inherent uncertainty…

30/09/2013 – McCarthy v State of Queensland [2013] QCA 268

The Court of Appeal recently gave summary judgement for $272,987 together with interest and costs in McCarthy v State of Queensland [2013] QCA 268, demonstrating its willingness to support builders and contractors in payment claims where the respondent does not provide or adhere to a payment schedule…

25/07/2013 – Our new interactive guide takes the confusion out of BCIPA claims

The Building and Construction Industry Payments Act or BCIPA is a powerful tool for members of the construction industry to help manage cash flow and resolve unpaid accounts…

20/02/2013 – Building information modelling (“BIM”)

For those of you involved in construction, you may not be aware of the initiatives being driven by the Federal government to implement BIM into the construction industry. This is essentially an attempt to increase the awareness and participation of those in the industry with digital technology…

01/02/2013 – Surat Basin to Gladstone

Lenz Moreton joined the Gladstone Engineering Alliance [“GEA”] and the Toowoomba and Surat Basin Enterprise [“TSBE”] last year. This was a strategic decision for us to offer our legal services to participants involved in, and providing services to, the Coal Seam Gas (“CSG”) industry from Roma through to Gladstone, as well as the Surat Basin rail line, Gladstone harbour construction and dredging activities…

01/02/2013 – Water, Waste Water and Coal Seam Gas Water Management (the “water industry”)

Late last year, Chris Lenz attended the IW ES (run by the University of Queensland) five day training workshop in Sydney dealing with the Principles of Waste Water Treatment. This was to maintain his engineering skills, but more importantly to appreciate the issues confronted by those involved in this vitally important industry, so that Lenz Moreton could offer legal assistance to those in the water industry…

24/09/2012 – Are you a Subcontractor not getting paid?

If you are a subcontractor to a head contractor or builder, and you are not getting paid on a project in Queensland or are concerned that they are in financial difficulties and may become insolvent, you should seriously consider seeing a solicitor who is familiar with the Subcontractor’s Charges Act 1974. This legislation is specifically designed to help in this situation and our firm has helped a number of clients recover money recently…

24/09/2012 – Electronic Trial

If you have, or are likely to have, a matter in the Supreme Court which involves a lot of documents, which is so often the case in construction disputes, there is every likelihood that an electronic trial will be ordered…

24/09/2012 – Managing your payments

The Building and Construction Industry Payments Act 2004 (the “Act”) has been in Queensland since 2004 and while it is not new, it is being used more and more in the construction industry. The Act can help you get paid for work carried out.