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March 28, 2018

The NSW Court of Appeal has clarified, in its recent decision of Ipstar Australia Pty Ltd v APS Satellite Pty Ltd [2018] NSWCA 15, the considerations which may

March 28, 2018

The recent decision of the Supreme Court of Western Australia in GR Engineering Services Ltd v Eastern Goldfields Ltd [2018] WASC 19 considered the meaning of a

March 28, 2018

The recent decision of the Supreme Court of Victoria in Mann v Paterson Constructions Pty Ltd [2017] VSC 119 provides some useful guidance on the relevance of contract price as a measure of value for a quantum meruit claim, and on the question of whether such a claim i...

February 23, 2018

The High Court of Australia has recently clarified the basis on which a judicial review of an adjudicator’s determination under the Security of Payment Act legislation in South Australia and New South Wales (SOPA legislation) can be sought.

In Probuild Constructions (Au...

February 20, 2018

The NSW Court of Appeal decision in All Seasons Air Pty Ltd v Regal Consulting Services Pty Ltd [2017] NSWCA 289 has confirmed that a payment claim submitted under the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act) prior to a valid refe...

December 6, 2017

Construction contracts frequently allow the principal to terminate when it appears the contractor may become insolvent. Reforms to the Corporations Act 2001 (Cth), coming into operation on 1 July 2018, will impact on the ability to exercise those rights.  

The legislati...

November 22, 2017

The NSW Court of Appeal has recently considered the approach to be taken in interpreting contractual dispute resolution clauses in relation to a party’s right to litigate after an expert determination.

Lipman Pty Ltd (Lipman) and Empire Facades Pty Ltd (Empire) entered...

September 20, 2017

The recent decision of MT Højgaard A/S v E.On Climate & Renewables UK Robin Rigg East Limited and another in the UK Supreme Court highlights the common tension between various obligations in design and construction contracts, as to the final product.

MT Højgaard A/S (MT...

August 4, 2017

The Court of Appeal of Western Australia recently considered the ability of a subcontractor to prevent recourse to bank guarantees to recover liquidated damages, when the underlying entitlement to the liquidated damages was the subject of dispute between the parties.

In...

August 1, 2017

The Supreme Court of New South Wales in Regal Consulting Services Pty Ltd v All Seasons Air Pty Ltd [2017] NSWSC 613 has reaffirmed the importance of having a valid contractual reference date when submitting payment claims under the Building and Construction Industry S...

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