21-30 of 146 results
Procurement update – when can government abandon a procurement process and what are the consequences? Considerations from the UK
The United Kingdom High Court (the Court) recently handed down its judgment in Amey Highways Ltd v West Sussex County Council, which considered the abandonment of a government procurement process following a breach of relevant procurement regulations by a public agency. For government departments and agencies in particular, this case clarifies when a public agency can abandon a procurement process and what remedies may be available to bidders in these circumstances. ...
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 ...
Healthcare trend watch 2019
The healthcare team at Allens reports on some key trends and sectors to look out for in 2020. ...
New government procurement requirements introduced around Australia
New, wide-reaching requirements for government procurement processes have recently been implemented around Australia, following the ratification of the Trans-Pacific Partnership and other Free Trade Agreements with Australia's key trading partners. ...
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. ...
Federal Court hangs up on ACCC over TPG pre-payments; ACCC calls for more claret-y between winemakers and growers; and Viva/Liberty deal gets green light
Federal Court hangs up on ACCC over TPG pre-payments; ACCC calls for more claret-y between winemakers and growers; and Viva/Liberty deal gets green light ...
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. ...
UltraTune penalty put in reverse; record penalties for vocational course provider; and ACCC's coal cartel appeal comes cascading down
UltraTune penalty put in reverse; record penalties for vocational course provider; and ACCC examines customer loyalty schemes ...
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. ...