What is Quantum Meruit? Quantum meruit is a legal doctrine used to provide a remedy for parties who have provided goods, services, or materials without a formal contract, or beyond the contract terms, but who deserve to be compensated. This claim can be brought when: – No clear contractual agreement is in place. – A contract has been terminated, yet work continues. – Work is performed outside the agreed contractual scope, and the other party accepts this work. Legal Basis for Quantum Meruit Quantum meruit claims are grounded in the principle of unjust enrichment, which holds that one pa ..read more

In a landmark decision that has sent ripples through the Australian construction and legal sectors, Justice Wilson of the Queensland Supreme Court delivered a judgement on 23 February 2024 in the case of Iris Broadbeach Business Pty Ltd v Descon Group Australia Pty Ltd [2024] QSC 16, which has significant implications for the practice of construction adjudication under the Building Industry Fairness (Security of Payment) Act (BIFA). Published on the Queensland Law Society Judgments website a day later, this decision meticulously addresses, among other aspects, the critical issue of the valuati ..read more

In the realm of dispute resolution, arbitration stands as a beacon of flexibility and efficiency, particularly valued in the commercial sector for its ability to provide tailored solutions to complex legal disputes. Central to arbitration’s appeal is the principle of party autonomy—the foundational right of disputing parties to shape many aspects of the arbitration process to their preferences. This principle is not merely a procedural formality; it represents a profound commitment to the freedom of contract and the self-determination of parties in resolving disputes outside the traditional co ..read more

    In the construction industry, the Security of Payment Act (SOPA) serves as a critical legislative framework designed to ensure the swift resolution of payment disputes. Among its provisions, the Act mandates strict deadlines for filing adjudication applications—a requirement that is not merely procedural but fundamental to the efficacy and jurisdiction of the adjudication process. This blog highlights the paramount importance of adhering to these timeframes and the potential repercussions of jurisdictional challenges arising from non-compliance.   Understanding SOPA’s Adjudi ..read more

The Security of Payment Act (SOPA) serves as a crucial legislative framework designed to ensure swift and fair payment practices within the construction industry across various Australian jurisdictions. A fundamental aspect of SOPA is the provision for Payment Claims and Payment Schedules, mechanisms that facilitate the resolution of payment disputes and the protection of cash flow within construction projects. This article delves into the significant consequences that parties face when they fail to respond to a Payment Claim with an appropriate Payment Schedule, underlining the importance of ..read more

  Navigating the complexities of construction project approvals in Australia involves understanding two crucial processes: Development Application (DA) and Complying Development Certificate (CDC). Quantity Surveyors are pivotal in these stages, balancing regulatory compliance with financial feasibility. This blog aims to explore DA and CDC in depth and delineate the critical role of Quantity Surveyors in these processes.     What is a Development Application (DA)? A Development Application (DA) is a formal request for permission to commence a proposed construction or development ..read more

In the dynamic landscape of construction disputes, the role of expert determination has gained significant prominence, particularly in Australia’s legal framework. This approach, known for its efficiency and effectiveness, serves as a crucial tool in resolving conflicts that arise in the construction industry, a sector that is fundamental to the Australian economy.   The Evolving Landscape   The construction sector in Australia has always been a hotbed of complex disputes due to its intricate contracts, technical details, and multifaceted stakeholder interactions. As projects become ..read more

In the complex landscape of construction and development, the Quantity Surveyors’ Cost Report emerges as a fundamental element in the management of Development Applications (DA) and Complying Development Certificates (CDC) processes. This blog post scrutinizes the substantial influence these reports have on the distribution of contribution fees to local governments, particularly within the Australian context.   The Significance of Cost Management in Construction Projects   Construction projects, whether residential, commercial, or public, necessitate rigorous cost management from ini ..read more

The construction industry, characterized by its complex nature and multi-stakeholder environment, is prone to disputes arising from various sources. Quantity Surveyors (QS) play a crucial role in mitigating these disputes through their expertise in cost management, documentation, and contractual knowledge. This blog delves into how QS can actively prevent and resolve disputes in construction projects. The Power of Detailed Documentation: Accurate and comprehensive documentation is the first line of defense against disputes. – *Methodical Record-Keeping*: QS must maintain detailed records of a ..read more

The principle of party autonomy, a significant tenet in international arbitration, is the essence of determining procedural flexibility. This blog seeks to analyse the role and extent of party autonomy in arbitration, focusing particularly on Australia’s arbitration landscape.     Arbitration has always been lauded for its role in delivering justice to parties in conflict. At the heart of this process, lies the concept of party autonomy. This is the principle that allows parties in conflict to choose their preferred method of dispute resolution, the law to apply, the framework of the ..read more