6    Definition of "related goods and services"

(1)   In this Act, related goods and services , in relation to construction work, means any of the following goods and services:

(a)    goods of the following kind:

(i)            materials and components to form part of any building, structure or work arising from construction work,

(ii)          plant or materials (whether supplied by sale, hire or otherwise) for use in connection with the carrying out of construction work,

(b)   services of the following kind:

(i)            the provision of labour to carry out construction work,

(ii)          architectural, design, surveying or quantity surveying services in relation to construction work,

(iii)         building, engineering, interior or exterior decoration or landscape advisory services in relation to construction work,

(c)    goods and services of a kind prescribed by the regulations for the purposes of this subsection.

(2)   Despite subsection (1), related goods and services does not include any goods or services of a kind prescribed by the regulations for the purposes of this subsection.

(3)   In this Act, a reference to related goods and services includes a reference to related goods or services.

 


 

Peter's of Kensington v Seersucker Pty Limited [2008] NSWSC 897: McDougall J
KEY ISSUE: whether contract for provision of architectural services was a construction contract – meaning of “in relation to” under sec 6(b)(ii)

Brian Leigh Smith & Anor v Coastivity Pty Ltd [2008] NSWSC 313: McDougall J
KEY ISSUE: whether a construction contract to which the Act applied existed – definition of “related goods and services” – whether consideration for related goods and services was calculated other than by reference to the value of the goods and services supplied

Boutique Developments Ltd v Construction & Contract Services Pty Ltd & Anor [2007] NSWSC 1042: Gzell J
KEY ISSUE: whether expert reports in aid of an action against a third party insurer for defects in construction fall within the definition of "construction work" in s 5(1) or "related goods or services" in s 6(1)

Parist Holdings Pty Ltd v WT Partnership Australia Pty Ltd [2003] NSWSC 365: Nicholas J
KEY ISSUE: whether consultancy work is “related goods and services”

Co-ordinated Construction Co Pty Ltd v Climatech (Canberra) Pty Ltd [2005] NSWSC 312 (13 April 2005) : Bergin J
KEY ISSUES: whether the claims under the contract as a result of the awarding of extensions of time were “variation” claims under the contract – whether claims for delay damages consequent upon extensions of time are able to be claimed in a payment claim under the Act and awarded in a determination under the Act

 

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