Level Playing Field Lawyers

𝐀𝐫𝐞 𝐘𝐨𝐮 𝐍𝐚𝐯𝐢𝐠𝐚𝐭𝐢𝐧𝐠 𝐂𝐨𝐧𝐬𝐭𝐫𝐮𝐜𝐭𝐢𝐨𝐧 𝐂𝐡𝐚𝐥𝐥𝐞𝐧𝐠𝐞𝐬 𝐄𝐟𝐟𝐞𝐜𝐭𝐢𝐯𝐞𝐥𝐲? 🚧

At the ABPA Building Expo, Senior Associate - Danying Chen from Level Playing Field Lawyers shared pivotal strategies for overcoming common hurdles faced in small development project management.

Participants learned invaluable lessons on enhancing project outcomes through strategic legal and management practices.

✔️ 𝐌𝐚𝐬𝐭𝐞𝐫𝐢𝐧𝐠 𝐂𝐨𝐧𝐭𝐫𝐚𝐜𝐭 𝐃𝐫𝐚𝐟𝐭𝐢𝐧𝐠: Essential for defining breaches and safeguarding timelines.

✔️ 𝐅𝐢𝐧𝐚𝐧𝐜𝐢𝐚𝐥 𝐀𝐜𝐮𝐦𝐞𝐧: Mastering payment terms and financial indicators to prevent project stalls and ensure smooth ex*****on.

✔️ 𝐒𝐦𝐚𝐫𝐭 𝐌𝐚𝐭𝐞𝐫𝐢𝐚𝐥 𝐒𝐞𝐥𝐞𝐜𝐭𝐢𝐨𝐧: Guidance on selecting systems and materials that reduce the likelihood of defects and enhance overall project quality

These insights empower attendees with the confidence and legal understanding needed to tackle project complexities effectively.

Follow Level Playing Field to stay tuned for more expert advice on mastering the nuances of construction projects!

Calling All Civil Contractors!

Don't miss our live webinar, "Managing Payment Disputes in Civil Construction", hosted by Level Playing Field Lawyers and CCF Victoria

📅 Wednesday, 10 July 2024
🕒 3:30 PM
📍 Microsoft Teams

Why Attend?
✔️In-depth Analysis: Uncover the main causes of payment disputes and their impact on projects.
✔️Proactive Strategies: Master practical strategies to minimise risks and manage disputes effectively.
✔️Interactive Q&A: Address your specific concerns with top industry experts.

💡Scope of Work: Learn the importance of clear definitions and precise drafting.
💡Legal Safeguards: Discover how the Security of Payment Act protects your business.
💡Contract Administration: Get essential tips on avoiding and resolving disputes.
💡Expert Insights: Learn from Ping Gangur, who is both a Principal Lawyer and a registered Domestic & Commercial Builder, and Bojan Gangur, Co-Founder & Building Consultant with a background in engineering and project management.

Equip yourself with the knowledge to protect your interests and keep your projects on track.

🔗 Book your registration here: https://www.ccfvic.com.au/events/webinar-managing-payment-disputes-in-civil/

Attendance Details:
-CCF Members: Free
-Non-Members: $99

🚀 Meet Cameron Ironside: Your New 𝘽𝙪𝙞𝙡𝙙𝙞𝙣𝙜 & 𝙇𝙚𝙜𝙖𝙡 𝙎𝙥𝙚𝙘𝙞𝙖𝙡𝙞𝙨𝙩

We're excited to introduce Cameron Ironside, who brings over 20 years of legal and construction expertise to Level Playing Field Lawyers team!

Why You'll Love Working with Cameron:

☑️ 𝙀𝙭𝙥𝙚𝙧𝙩𝙞𝙨𝙚: Cameron is your main point of contact for all things contracts. From reviewing scope items to managing claims, variations, and extensions of time, he's got you covered

☑️ 𝘿𝙪𝙖𝙡 𝙎𝙩𝙧𝙚𝙣𝙜𝙩𝙝𝙨: With a background in both law (practiced in South Africa) and construction, Cameron knows the ins and outs of the industry. Plus, he's currently completing his Australian legal qualifications.

☑️ 𝙎𝙩𝙧𝙖𝙩𝙚𝙜𝙞𝙘 𝙎𝙪𝙥𝙥𝙤𝙧𝙩: Cameron offers tailored solutions to navigate complex legal landscapes and mitigate risks, ensuring your projects stay on track while protecting your interests and maintaining valuable relationships with builders.

Cameron's analytical mind and empathetic approach make him an invaluable legal partner. Whether it's negotiating contracts or managing project risks, Cameron is here to help guide you through the construction legal landscape.

You can reach him at [email protected] or 0434 676 165.

Join us in welcoming Cameron Ironside to the team!

With the increasing number of Domestic Builders becoming insolvent, we recommend seeking legal advice before signing your Building Contract. Our tips on a recommended payment structure are listed in this article.

https://levelplayingfield.com.au/domestic-building-contracts-why-homeowners-and-developers-should-obtain-legal-advice-before-signing-2/

We also recommend seeking legal advice if your Builder wants to terminate your contract.

Equal pay for subcontractors in labour hire agreements. Key Points regarding ‘Labour Hire Loophole’ For the construction industry, the most significant impact of Part 1 of Closing Loopholes bill is ‘same job same pay’ which affects those who engage labour hire workers.

Businesses who engage or provide labour, for example:

Builders/head contractors
Crane and rigging companies
Labour hire companies
Steel fabricators
Formworkers
Scaffold companies

Read the details in our recent article here: https://levelplayingfield.com.au/closing-the-loopholes-bill/

Damage and unpaid costs! Lessons from Recent Construction Disputes

We acted for a crane company (Owner) that was engaged by another crane company (Hirer) under a dry hire arrangement. The hire agreement continued for a number of years.

A dispute arose about unpaid hire charges and damage to the crane. The Owner promptly recovered the crane but was unable to put the crane back on hire immediately. The contract contained a term which allowed the Owner to continue charging hire charges until the crane was in an onsite hire condition

Read the details in our article here:

https://levelplayingfield.com.au/lessons-from-recent-construction-disputes/

Lessons from Recent Construction Disputes: We acted for a residential builder that had been engaged by a homeowner to build a luxury house in Melbourne.

Our client engaged a joinery subcontractor. The joinery subcontractor was recommended by the homeowner and the homeowner agreed to pay the joinery subcontractor directly.

However, there was a contract between the joinery subcontractor and the residential builder. When the works were completed, a payment dispute arose between the residential builder and the homeowner.

https://levelplayingfield.com.au/lessons-from-recent-construction-disputes/

Thinking of starting Court or VCAT proceedings?

Previously: Our clients would have a trial date set within 8-10 months from filing in the County Court (Building List)
Now: Our clients are having trial dates set approximately 14 months from filing.

Take Home Points: Consider alternative dispute resolution such as mediation, adjudication or arbitration.
https://levelplayingfield.com.au/have-a-complex-building-matter-in-vcat-consider-the-effect-of-the-recent-decision-in-plunkett-v-portier-pacific-2024-vcat-204/

Enforcement of SOPA. Here's a new article from our latest newsletter.

The builder sought payment for work done under the Security of Payment Act (SOPA) Act, while the owner pursued damages for alleged defects. Despite obtaining a judgment debt against the owner, the builder faced difficulty enforcing the judgment.

https://levelplayingfield.com.au/case-summary-mcdonald-v-mak-constructions-and-building-services-pty-ltd-2024-nswca-63/

Come and join us on Wednesday, April 10th, 2024 at 12 pm.
The workshop will be held at Mulgrave Country Club, located at the corner of Jells & Wellington Roads in Wheelers Hill. If you have any queries or concerns, please feel free to contact Structural Steel Fabricators (Assoc) VIC at [email protected].

We look forward to seeing you there!

Legal updates from the construction industry that you need to see.

In this months newsletter, we discuss some recent cases that impact the construction industry, including:

A NSW case regarding enforcement of a judgment based on a Security of Payments determination.

A case regarding VCAT’s jurisdiction for hearing domestic building disputes in Victoria.
https://mailchi.mp/levelplayingfield/level-playing-field-lawyers

We would like to thank CICA for organising the national launch of the Cross Hire agreement template today. The event was a great success!

Here is a brief overview of the process:
1. Drafted the template cross-hire agreement between two crane companies.
2. Collaborated with a working group of CICA members in November 2023 to refine the agreement.
3. Opened up the agreement for further feedback until February 2024.
4. Successfully finalised the agreement based on the valuable input received.

Thank you for your collaboration throughout this process.

Join us for the national launch of the CICA Cross Hire agreement template on Tuesday 19th March at 7.30am AEDT. This CICA Business Essentials initiative provides free templates to CICA members, helping to mitigate risks and responsibilities in Cross Hire of cranes.
Developed in consultation with a working group of CICA members by Level Playing Field Lawyers, the aim of this cross-hire agreement template is to facilitate efficient contracting between crane owners, hirers, operators, and construction companies while reducing the risk of disputes arising.
The launch, we’ll hear from Ping Gangur, owner of Level Playing Field, a law firm specialising in construction law and providing quality legal advice and creative solutions for businesses and workers in the construction industry. Don’t miss this opportunity to learn more and network with others in the industry!
In-Person Information at the Teller located at 81 Lygon Street, Brunswick East at 7.30am
For more information please email to [email protected]

Online Information via Teams
Meeting ID: 467 884 737 083 / Passcode: u8a7s6.

When contracts go wrong. https://levelplayingfield.com.au/lessons-from-recent-construction-disputes/ We acted for a residential builder that had been engaged by a homeowner to build a luxury house in Melbourne. The joinery subcontractor was recommended by the homeowner and the homeowner agreed to pay the joinery subcontractor directly. But the contract was between the builder and subcontractor.

Read the case study of when things went wrong:

https://levelplayingfield.com.au/lessons-from-recent-construction-disputes/

Same job, same pay means that if a company engages subcontractors, they must be paid at least the same rate that they would pay their employees for similar work. https://levelplayingfield.com.au/closing-the-loopholes-bill/

The Closing Loopholes Bill passed on 7 December 2023. Part 2 of the Bill is being considered by Parliament in early 2024. Read our breakdown of how this might affect you.

We're partnering with Structural Steel Fabricators of Victoria to present "CONSTRUCTION CONTRACTS AND NEGOTIATIONS: What You Really Need to Negotiate"

This workshop takes place this Wednesday 14th Feb at MULGRAVE COUNTRY CLUB, 469 Wellington Rd, Mulgrave VIC 3170

Level Playing Field's presentation will focus on contractual issues for steel fabricators.

Part 1: Key contract clauses for steel fabricators to negotiate

Part 2: Minimising risk in your contract and through contract administration

This workshop is recommended for business owners, general managers, project managers, and contract administration.

Contact [email protected] to register.

New laws set to give Independent Contractors more rights in a contract. What’s the change? https://levelplayingfield.com.au/new-laws-set-to-give-independent-contractors-more-rights-in-a-contract/

Independent contractors will be able to make claims as if they are an employee if they are in an unfair contract. This could include claims for unpaid employment entitlements like sick leave or annual leave.

Key Points
1. Independent contractors don’t currently get the same rights as employees.

2. New laws will give independent contractors more rights if they are in an unfair contract.

3. Independent contractors could make similar entitlement claims to an employee.

We wrote in more detail in our latest blog article.

https://levelplayingfield.com.au/new-laws-set-to-give-independent-contractors-more-rights-in-a-contract/

[Breaking News]: Parliamentary Inquiry Submission on Construction Industry Non-Payment
In May 2023, Level Playing Field led a crucial submission to the Parliamentary Inquiry, advocating for fair practices in construction. We represented professional organizations and individual subcontractors, tackling key issues including unfair notice-based time bars, challenges in retention money recovery, and the impacts of insolvency.

Our efforts were instrumental in recommending:
· Stronger statutory rights for payment claims.
· Authority for Adjudicators to deem notice-based time bars as unfair.
· The consideration of trust accounts for progress and retention payments.

Special thanks to the Trade Associations CICA - The Crane Industry Council of Australia, Civil Contractors Federation Victoria - CCF Vic, Master Plumbers Australasian Timber Flooring Association - ATFA who contributed and the subcontractors who shared their experiences.

Access Our Full Submission: https://new.parliament.vic.gov.au/get-involved/inquiries/Nonpaymentofsubcontractors/submissions

Support subcontractor rights by sharing this post and pushing for these recommendations to become law.

Submissions | Parliament of Victoria

https://levelplayingfield.com.au/industry-advocacy/

On 19 May 2023, Level Playing Field prepared a parliamentary submission to: Inquiry into employers and contractors who refuse to pay their subcontractors for completed works – Report Tabled today

We are excited to announce that the Legislative Assembly Environment and Planning Committee has provided some recommendations including to:

Enable subcontractors to claim all the value awarded by a construction contract

Limit the use of unfair clauses in construction contracts

Extend the time for which a subcontractor can claim payment for their work

Make the adjudication process fairer for both subcontractors and head contractors.

The Report makes numerous references to Level Playing Field’s submissions.



Retention Money Recommendations:

On page 97 of the report, they referenced Level Playing Field’s submissions regarding retention money and our submission thats

“withholding retention money without a right to do so has become a frequent occurrence in the Victorian building and construction industry.

It asserted that this is ‘particularly problematic given…retention often represents a subcontractor’s entire profit on a construction project.”

Case studies from our clients were referenced to support the recommendation that the Victorian Government amend the Victorian Security of Payments legislation by:

Retention trust accounts

provide an entitlement to claim retention money under the Act, either as part of a broader payment claim or as a standalone claim

empower an adjudicator to decide whether retention money is to be returned, the proportion which is owed, and the date on which it is to be returned.

Exciting News for Subcontractors Needing to Recover Retention Money!!

We just wrote a case study about a recent court decision on using the Security Of Payments Act (SOPA) The implications is that the Act can enforce payment claims, including claims for retention funds from progress payments, when they're tied to construction work.

https://levelplayingfield.com.au/exciting-news-for-subcontractors-needing-to-recover-retention-money-2/

Our Tips to Secure Retention Money

1. Seek advice and prepare a company strategy on securing retention.

2.Negotiate contract clauses such as the definition of Practical Completion and Retention clauses.

3. Register your interest in retention money on the Personal Property Securities Register.

4. Seek legal advice BEFORE issuing a payment claim

Join our consultation via Teams on Wednesday 16th to input into development of a cross hire agreement template for crane owners, hirers, operators and construction company members.

As part of the The CICA - The Crane Industry Council of Australia Business Essentials (CBE), we are working together to produce this cross hire agreement template to facilitate efficient contracting between crane owners, hirers, operators and construction company members, plus reduce the risk of disputes between members.

Through your submissions and a working group with CICA members, we aim to prepare a cross hire agreement template that balances the interests of all members.

A working group will be held at 2pm on 16 November 2023 via Teams. If you wish to participate in these sessions, please register your interest by emailing [email protected]

We were in Perth on 27 and 28 October 2023 for the CICA - The Crane Industry Council of Australia Conference. We gave an educational presentation on contract negotiation and contract clauses. As part of our mission of addressing problems in the construction industry, we want to hear from construction businesses about issues that affect them, contact us!

The Significance of Relevant and Current Wet/Dry Hire Agreements in the Crane Industry - Cranes & Lifting CICA's latest 'business essentials' feature details the significance of relevant and current wet/dry hire agreements in the crane industry.

Our newsletters offer legal, employment and construction industry news right to your inbox once a month. Why not sign up in advance of our September edition

Level Playing Field Lawyers

Did you know that we can deliver educational events for industry?

We work with multiple construction associations to deliver educational workshops and presentations, like this recent one for Master Plumbers

Contact us to discuss upcoming events or partnering with us on a future event.

https://levelplayingfield.com.au/contact/

Employers should be cautious when dismissing employees (even high income earners). Did you know a high earning employee can still make an unfair dismissal application if they are covered by an award or enterprise agreement and meet other eligibility criteria?

We break it down in our new article:
https://levelplayingfield.com.au/employers-beware-of-dismissing-high-income-employees/

We wrote a breakdown on the important changes to laws about unfair contract terms in standard form contracts. https://levelplayingfield.com.au/new-penalties-for-unfair-contract-terms-in-standard-form-contracts/
These are important to know if you are a subcontractor who enters into standard form contracts with builders.

Key points:
The new laws will apply to standard form contracts from 10 November 2023.
The news laws will stop a party from using or enforcing an unfair term.
There are large fines if a party uses an unfair contract term.

More ways to protect your business with security interests
https://levelplayingfield.com.au/more-ways-to-protect-your-business-with-security-interests/

The Personal Property Securities Register (PPSR) is an electronic register of security interests. Security interests secure payment or performance of an obligation in a contract.

Under hire purchase or lease agreement, you hand over possession to the contractor but keep ownership and have the right to take the equipment back if the contractor stops paying.

Leasing equipment is a type of security interest.