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Builders' duty of care for defective works continues to narrow
A recent UK decision1 continues the judicial trend of limiting the circumstances in which a builder will be liable in negligence for pure economic loss caused by its defective works. ...
Urgent action required to secure Australia's infrastructure future
Head of Infrastructure sector and partner, David Donnelly said the industry holds concerns the benefits of the infrastructure boom may not be fully realised calling into question the significant ...
Navigating split dispute resolution clauses – where's Google Maps when you need it?
A recent Supreme Court of Victoria decision sounds a warning to principals and contractors alike – your dispute resolution clause must be clear and unambiguous, because the court will not go out of its way to cure a commercially peculiar, but perfectly workable, clause. ...
Allens advises The GEO Group Australia on Junee Correctional Centre deal
Allens has advised The GEO Group Australia on the implementation arrangements following the State exercising an option to extend the operating agreement for the Junee Correctional Centre in New Sou ...
Accelerating build-to-rent in Australia
The build-to-rent (BTR) model continues to gain pace in Australia as several projects prove the local viability of this asset class. ...
Make informal payment arrangements for construction work at your own peril
A recent decision of the New South Wales Supreme Court serves as a timely reminder that a construction contract under security of payment legislation can include an arrangement to carry out construction work that is not legally enforceable Managing Associate Nicholas Ng Associate Matt Thomas and ...
SOPA adjudications in Western Australia - only the applicant can win!
The Supreme Court of Western Australia has held that under that states security of payment legislation an adjudicator does not have the power to make a determination that requires an applicant to pay the respondent money by reason of any counterclaim raised in the adjudication An adjudicator may ...
Record penalties a reminder of product safety obligations
Record US penalties recently imposed on car manufacturers for failures to deal appropriately with safety defects are a timely reminder to Australian manufacturers of their product safety obligations Partner Belinda Thompson Senior Associate Jaime McKenzie and Lawyer Ishwar Singh report ...
Important changes to BCIPA in Queensland
Queenslands Department for Housing and Public Works has released details of fundamental amendments to the Building and Construction Industry Payments Act proposed to come into effect this year Partner Dan Young and Overseas Practitioner Andrew Middleton report on the key reforms proposed and their ...
Security of payment laws to come into force in NSW
New amending security of payment legislation will soon come into force in NSW that will provide greater protection and certainty for subcontractors in the contracting chain Partner Leighton OBrien and Lawyers Will Coote and Jerome Entwisle look at what will change and the implications ...