Important COVID-19 Update


These are certainly challenging times for us all.

We are committed to doing everything we can to prioritise the wellbeing of our people, those who use our services and their representatives and the communities we serve to help contain the spread of COVID-19. Following the Prime Minister’s announcement on Saturday, our people will begin working remotely from today, Monday 23 March.

Having well developed online dispute resolution options, it will in many ways be business as usual for us as we focus on providing a seamless service, regardless of where our Registry staff, adjudicators, arbitrators and mediators are working.

We know you are working through similar challenges to ours and that these are uncertain times for everyone. From all of us here we send our thoughts to you, your teams and families.

If you have any questions, please do not hesitate to get in touch. Please let us know if we can be of further assistance to you and we will keep you informed with any further updates.

October 2019

In this issue, we look at a NSW Supreme Court decision in White Constructions Pty Ltd v PBS Holdings Pty Ltd [2019] which found that the claimant, despite using an expert programmer, failed to sufficiently prove that a delay by the respondent caused delay and loss to the entire project. Delays also feature in our examination of a recent target cost contract decision in the UK case of Network Rail Infrastructure Ltd v ABC Electrification Ltd. In this case, a small change in the drafting of the contract had a significant impact on the financial outcomes for the parties. We discuss the benefits of ‘Framework Contracting’ in delivering infrastructure, the risks to an owner of refusing a builder the opportunity to rectify defective building work and the risks that contractors face should they incorrectly suspend works for non-payment or other issues.

In Case In Brief we look at C Spencer Limited v MW High Tech Projects UK Limited which deals with how The Housing Grants, Construction and Regeneration Act 1998 applies to hybrid construction contracts.

We also look at the measures being taken by the Victorian State Government to address the cladding crisis that has been impacting the state’s construction industry. Further, we examine parent company guarantees in the oil and gas industry and the lessons that can be learnt from them.

  • Causation is king: NSW Supreme Court delivers hammer blow to programming analysis for delay claims
  •  The ‘collaborative’ future of construction and infrastructure
  • Oil & Gas: Unwitting ‘on-demand’ bond by guarantor
  • De-Cladding Victoria: Andrews Government announces new agency to address the combustible cladding crisis
  •  Case in Brief:
    C Spencer Limited v MW High Tech Projects UK Limited
  • The builder’s right to fix
  • Target cost contracts – the devil’s in the detail
  • The legal minefield of wrongful suspension