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Vale restitution? The High Court clarifies remedies available to construction contractors following termination for repudiation
Insight 14 Oct 2019

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 ...

Builders' duty of care for defective works continues to narrow
Insight 23 Sep 2019

A recent UK decision 1 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. It emphasises ...

Navigating split dispute resolution clauses – where's Google Maps when you need it?
Insight 15 Jul 2019

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 ...

Employment Law
Insight 06 Dec 2016

We look at the Fair Work Ombudsman's decision to prosecute a sham contracting offence even after the employer had rectified the underpayments; the enforceability of post-employment restraint of tra ...

Impact of reforms to Construction Contracts Act 2004 (WA)
Insight 25 Oct 2016

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 ...

The hotel window closes - no vulnerability where a contract exists
Insight 20 Oct 2014

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 ...

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Amendments to BCIPA regime passed in Queensland
Insight 18 Sep 2014

The Queensland Parliament has passed amendments to the state's security of payment legislation that aim to address concerns raised by the construction industry about unfairness in the payment claim ...

Make informal payment arrangements for construction work at your own peril
Insight 05 Sep 2014

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 ...

SOPA adjudications in Western Australia - only the applicant can win!
Insight 03 Jul 2014

Partner The Supreme Court of Western Australia has held that under that state's 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 ...