Case Reports

Insured's entitlement to claim payment under the Building and Construction Industry Security of Payment Act 1999 (NSW) for construction works

In Thiess Pty Ltd & Anor v Zurich Specialties London Ltd & Anor [2009] NSWCA 47 (3 March 2009), the New South Wales Court of Appeal provided some guidance on what constitutes a "construction contract" for the purposes of the Building and Construction Industry Security of Payment Act 1999 (NSW). A requirement under an insurance contract that the insured take reasonable steps to protect the subject matter of the policy is not a separate construction contract between the insurer and the insured.