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Construction
Our experienced Construction legal team regularly publishes
articles and updates - the full list of publications appears below. The
construction group's articles and publications provide timely and accurate
insights into the industry, including analysis of legislation and news on
upcoming seminars. This information is relevant to owners, contractors,
subcontractors, government instrumentalities, developers, investors and
consultants. If you'd like to be notified when we add new construction
publications to the site, please go to our
subscription page to sign up for email alerts or,
alternatively, you can subscribe to our RSS feed.
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Partner Stephen McComish and Law Graduate Robert French look at two recent decisions handed down by the Western Australian Supreme Court that shed some light on the issue of interlocutory injunctions in a construction context. |
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The Western Australian Court of Appeal recently held that an arbitration clause in a contract did not cover a related dispute between the contracting parties where the dispute also involved the liability of a third party. This arguably goes against the general trend of a broader interpretation of arbitration clauses. Senior Associate Brian Millar and Law Graduate Clara Wren look at the decision and its implications |
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The High Court of Australia has rejected a claim in restitution where there was a direct chain of contractual relationships between the parties involved. This decision has emphasised the courts' reluctance to interfere where parties have entered into arm's length commercial transactions. Partner Nick Rudge, Solicitor Yvonne Cross and Articled Clerk John-Paul Santamaria review the judgement |
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A recent Supreme Court of Queensland decision has demonstrated how a carefully worded extension of time clause can give the Superintendent an absolute discretion in the exercise of their reserve power to grant an extension of time. Partner Nick Rudge and Articled Clerk Lucinda Hill look at what the decision means |
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When will a sub-contractor in a building project owe the proprietor or subsequent owners a duty of care? Is the liability of other concurrent wrongdoers under Victoria's proportionate liability regime affected if another concurrent wrongdoer reaches a settlement with the plaintiff? Partner Nick Rudge and Senior Associate Anna Thwaites report on a recent judgment in the Victorian Supreme Court |
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A recent Federal Court pre-trial decision in a high-profile discrimination claim by a former partner of a large accounting firm has potentially significant ramifications for all lawyers, and particularly in-house lawyers. Partner Leighton O'Brien, Partner-elect Richard Harris and Senior Associate Lucas Shipway report |
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In April 2008, the Victorian Government released the Updated Standard Commercial Principles as part of its Partnerships Victoria guidance material. Partner Emma Warren, Senior Associate Claire Scanlon and Articled Clerk John-Paul Santamaria look at what will change with the updated principles. |
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The recent Victorian Court of Appeal decision in Environmental Systems Pty Ltd v Peerless Holdings Pty Ltd examined the distinction between 'normal' and 'consequential' loss for a breach of contract and held that lost profit was a consequential loss. Partner Nick Rudge and Articled Clerk John-Paul Santamaria report |
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Partner Nick Rudge, Lawyer Nicholas Gallina and Law Clerk Merav Bloch review the decision of the Victorian Supreme Court of Appeal in Sopov v Kane Constructions Pty Ltd. This important decision examines how a court will assess repudiatory conduct leading to the termination of a contract, a principal's right of set off, and whether a 'show cause' notice that wrongly alleges a breach may still be valid |
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A recent NSW Court of Appeal decision will have a considerable impact on the drafting of indemnity and exclusion clauses in Australian contracts. Partner Leighton O'Brien and Senior Associate Morgan Clewley review the case |
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We recently reported on three decisions providing significant guidance on how the courts are likely to interpret the proportionate liability regimes in Australia. In a further decision, the Federal Court has confirmed that, although the proportionate liability regimes have effected significant change in the law in cases to which they apply, the regimes could not have been intended to create a cause of action where one did not previously exist |
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Partner Nick Rudge and Lawyer Anne-Marie Wholley consider three recent decisions that provide significant guidance on how the courts are likely to interpret the proportionate liability regimes in Australia |
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Partner Nick Rudge and Lawyer Nicholas Gallina review the Queensland Supreme Court's decision in Northbuild Construction Pty Ltd v Discovery Beach Project Pty Ltd in relation to issues arising from an expert determination process |
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Senior Associate Brian Millar and Lawyer Jeremy Sher explain the new Singapore International Arbitration Centre Rules, which came into effect on 1 July 2007 |
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The Victorian Government has released two publications that further clarify its approach to public private partnerships. The Government is continuing to develop policy in this area with a focus on providing transparency and value for money. Partner Emma Warren and Articled Clerk Kate Austin summarise the main issues in the publications |
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The NSW Court of Appeal recently affirmed that adjudicators' determinations under the NSW Building and Construction Industry Security of Payment Act 1999 (NSW) are interim in nature. Accordingly, a separate, later and different determination by a Superintendent as a part of a final certificate process is valid and does not offend section 34. Partner Leighton O'Brien and Senior Associate Christopher Larcos consider the implications of this decision |
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The High Court recently reaffirmed that where an architect prepares drawings for a particular development, the architect impliedly licences the use of those drawings for the development. That licence then extends to subsequent purchasers of the land and may sometimes be irrevocable. Senior Associate Nick Rudge (who will become a Partner on 1 July) and Senior Associate Christopher Larcos consider the implications of this decision |
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Several important changes to Victoria's security of payment legislation are now operational. As Partner Emma Warren and Senior Associate Anna Thwaites discuss, the amendments have wide scope and bring the State into line with New South Wales and Queensland |
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In response to recommendations made by the Auditor-General and recent public concerns about the efficacy of certain contracts entered into by the NSW Government, the Freedom of Information Amendment (Open Government - Disclosure of Contracts) Act 2006 (NSW) came into force on 1 January 2007. The purpose of the Act is to promote greater transparency in all contractual dealings between NSW government agencies and the private sector. Partner Leighton O'Brien and Lawyer Joel Sturgeon report |
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Greater complexity in construction and infrastructure projects means risk averse contractors and consultants typically look for contractual protection from liability for consequential loss suffered by the other party or third parties. Despite the frequency that the term 'consequential loss' is used, it is not clear to many what it means and what types of loss it comprises |
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Editors Nick Rudge and George Varma provide a brief summary of new legislation, recent cases and articles of interest in the construction area |
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Editors Nick Rudge and George Varma provide a brief summary of new legislation, recent cases and articles of interest in the construction area |
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A recent decision of the UK High Court serves as a timely reminder to consultants of the importance of carefully planning projects and of their professional obligations when advising on contracting strategy. Partner Michael Hollingdale and Law Graduate Jeremy Sher look at the case and its implications |
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Can contractual claims for economic loss on a construction project be subject to the new proportionate liability regime in Part IVAA of the Wrongs Act 1958 (Vic). Senior Associate Nick Rudge and Law Clerk Greg Roebuck report on the decision in the Victorian Civil and Administrative Tribunal that considers the new provisions in the context of defective construction work |
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On 5 September 2006, the NSW Supreme Court decided in John Holland v RTA that a final determination by a superintendent could undo the effect of a prior determination by an adjudicator and that such a provision was not void under section 34 of the Building and Construction Industry Security of Payment Act 1999 (NSW). Partner Leighton O'Brien and Law Graduate Rima Hor report |
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A recent NSW Court of Appeal ruling on a payment claim has found that where a party might be entitled to a remedy under the Trade Practices Act 1974 (Cth) the Security of Payment Act 1999 (NSW) could not close out that remedy. In addition, if the effect of the Security of Payment Act was to prevent a Trade Practices Act claim being raised, then the inconsistency between state law and Commonwealth law would render the state law inoperative to the extent of the inconsistency |
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The Victorian Parliament recently passed the Building and Construction Industry Security of Payment Amendment Act 2006 (Vic). In addition to the amendments it makes to the Building and Construction Industry Security of Payment Act 2002 (Vic) outlined in Focus: Construction - March 2006, the Amendment Act expands the scope of 'claimable variations' under the Security of Payment Act |
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We discuss a range of construction insolvency issues which banks may face when dealing with their rights |
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Senior Associate Michael Wright and Lawyer Christopher Larcos discuss quantum meruit - an action for payment of the reasonable value of services performed |
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Are claims that a party owes a duty of care to avoid economic loss in a construction project context likely to succeed in Victoria? Senior Associate Nick Rudge and Solicitor Daniel Allender report on a recent judgment in the Victorian Supreme Court |
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Editor Nick Rudge and Lawyer George Varma provide a brief summary of new legislation and recent cases in the construction area |
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Editor Nick Rudge and Articled Clerk Victoria Foster provide a brief summary of new legislation and recent cases in the construction area |
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After consulting with industry stakeholders, the Victorian Government has proposed a range of legislative amendments to the Building and Construction Industry Security of Payment Act 2002 (Vic). Partner Emma Warren and Lawyer Anna Thwaites report on what this will mean for the industry |
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