Andrew Greinke

A former client of law firm Chamberlains, which is facing a costs order in a building dispute, relinquished privilege in his communications to his solicitors because they were made in furtherance of fraud, a court has found.

Contractor Civil & Civic Corporation has lost an appeal against construction firm Nova Builders over an alleged mistaken payment for work done on a lakeside townhouse development in Canberra.

The NSW Court of Appeal has dismissed an appeal launched by a Canberra warehouse owner, which sought over $5.3 million from the previous owner for the cost of replacing a concrete slab.

An appeals court has confirmed a finding that despite contractual arrangements mandating service by 5pm, a $3.2 million payment claim emailed to Roberts Co after hours on a Friday was validly served.

Roberts Co is fighting a finding that a $3.2 million payment claim served after-hours on a Friday by subcontractor Sharvain Facades was valid, arguing that voiding contractual provisions has broad consequences for the construction industry. 

Roberts Co has appealed a decision which required it to pay the entirety of subcontractor Sharvain Facades $3.2 million payment claim, despite it being filed after hours on a Friday.

Roberts Co will have to pay a $3.2 million payment claim served by subcontractor Sharvain Facades at 7:18pm on a Friday, after a judge found the claim was validly issued that day.

An appeals court has upheld a finding that a payment claim sent by email is payable by WNA Construction, finding the builder had not established that the email address was not valid or that the claim was "confusing".