21-30 of 42 results
NSW reforms to fix building defects – potential for indeterminate liability?
The NSW Government has enacted new legislation imposing new obligations on design practitioners, engineers and builders and sees a fundamental shift in the relationship between these practitioners and owners as part of its reforms to the building industry. For all owners, builders and designers, we examine these changes and outline steps you can take now. ...
The WTO decision against Australia – what the law on paper might mean in practice
At a time when global powers continue to test international trade rules, a World Trade Organization decision involving Australian tariffs on Indonesian A4 copy paper highlights some of the key legal issues that caused tension between international trading partners in 2019. ...
Connected infrastructure
Both the Sydney population and the population of Melbourne are expected to reach the size of New York City by 2050, raising questions about how our cities of the future will function. ...
When performance is personal – the hazards of subcontracting without consent
A recent NSW Court of Appeal decision emphasises the importance of contractors complying with contractual requirements to obtain the principal's approval before subcontracting services or works. Failure to do so may disentitle the contractor from claiming payment for services that the unauthorised subcontractors have provided. However, the case leaves open whether it may be possible for a contractor to recover the cost of unauthorised subcontracted services in restitution based on a quantum meruit claim, or on the basis of an unenforceable penalty. ...
NSW looks to hold builders and designers liable to current – and future – property owners for defective works
Legislation focusing on imposing new obligations on design consultants and builders was recently introduced to the NSW Parliament. Importantly, the Design and Building Practitioners Bill creates a statutory duty of care owed by builders, and others, for economic loss for defects in construction serv ...
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. ...