41-50 of 57 results
Report: Australian Infrastructure Investment Report 2019
Investor appetite for Australian infrastructure remains strong. However, to maintain our status as a leading infrastructure investment destination, we must address systemic issues that are adversely impacting the market, including cost overruns on major projects. ...
Vale restitution? The High Court clarifies remedies available to construction contractors following termination for repudiation
In a welcome decision for principals engaging contractors for construction work, the High Court has substantially limited the availability of the restitutionary remedy of a quantum meruit where a contractor elects to terminate a contract as a consequence of repudiation. ...
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. ...
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. ...
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. ...
Employment Law
In this issue we look at the Fair Work Ombudsmans decision to prosecute a sham contracting offence even after the employer had rectified the underpayments the enforceability of post-employment restraint of trade clauses how a new ABCC will look like after its journey through the Senate and the ...
Impact of reforms to Construction Contracts Act 2004 (WA)
Proposed amendments to the Construction Contracts Act 2004 WA will if passed result in significant changes to the adjudication process in Western Australia Partner Jeremy Quan-Sing Senior Associate Fiona Potter and Law Graduate Thanushar Sridaran report on the potential impacts of the changes ...
The hotel window closes - no vulnerability where a contract exists
The High Court recently overturned a NSW Court of Appeal decision that stated a building contractor owed a duty of care for pure economic loss for defective work to a successor in title to the developer of commercial premises. ...
Amendments to BCIPA regime passed in Queensland
The Queensland Parliament has passed amendments to the states security of payment legislation that aim to address concerns raised by the construction industry about unfairness in the payment claim and adjudication process ...
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 ...