These cases demonstrate the importance of clarifying the commercial intentions of parties, avoiding ambiguous drafting, avoiding clauses that restrict the operation of the SOP Act (NSW) and keeping money flowing during construction projects. They also highlight the importance of ensuring that certification documents are correctly issued and that home building warranties are complied with. The decisions may be important for those entering into settlement agreements in respect of amounts payable under the SOP Act, those considering an application for a stay of any adjudication determination and for construction companies that have or will soon cease to be the entity undertaking any building works.

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