by Brinda Khatri | Mar 28, 2022 | Building, BuildLaw
March 2022 CONTENTS Extensions of time in construction contracts Construction contract procedure and dispute resolution: There really is a reason to pay attention to the boring stuff Principals beware, constructive acceleration is here UK: Important announcement on...
by Brinda Khatri | Dec 20, 2021 | Building, BuildLaw
December 2021 CONTENTS Testing the waters: New South Wales Supreme Court considers the prevention principle Adjudication enforcement by companies in liquidation: Court of Appeal raises fundamental objections Wilful breaches of contract – Do exclusion clauses and...
by Brinda Khatri | Sep 25, 2020 | BuildLaw
In this issue we look at the basis on which interest can be claimed in construction contract disputes and we discuss the changes announced by the government in April to stimulate the construction and infrastructure sectors post COVID-19. We feature an insightful...
by Brinda Khatri | May 1, 2020 | BuildLaw
In this issue we look at the government guidelines for NZS3910:2013 contracts affected by Covid-19 Alert level 4 restrictions. We discuss adjudication injunctions caused by the virus and how they may help to provide some clarity to a rather cloudy area of law. We look...
by Brinda Khatri | Dec 20, 2019 | BuildLaw
December 2019 In this issue we look at a dispute over a home renovation contract that travelled all the way to the South Australian Supreme Court, highlighting the risks of not dealing with disputes promptly. We examine the ‘Emerald Book’ released earlier this year by...
by Brinda Khatri | Nov 27, 2019 | Adjudication, non-working days, working days
Are you involved in an adjudication which is current over the Christmas period? Just a reminder that the non-working days under the Construction Contracts Act 2002 run from 24 December 2019 to 5 January 2020 inclusive. This means, Monday 23 December 2019 is the last...
by Brinda Khatri | Nov 18, 2019 | Adjudication, Construction
Introduction When a dispute over defective building work turns ugly, the owner is sometimes tempted to refuse the builder the opportunity of returning to rectify the defects. There are risks in this course. This update considers a recent NSW Supreme Court decision...
by Brinda Khatri | Nov 15, 2019 | Construction
Framework Contracting, that is well planned from the outset, can be an effective tool to deliver an entire programme of infrastructure with benefits for all sides. While it is simply one way to address resource constraints and the need for fair apportionment of risk...
by Brinda Khatri | Nov 14, 2019 | Adjudication, Construction
The Housing Grants, Construction and Regeneration Act 1998 (the Act) applies to “construction operations”. Where a contract relates to both “construction operations” and non-construction operations, the question arises of how payment mechanisms apply to construction...
by Brinda Khatri | Nov 1, 2019 | BuildLaw
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...
by Brinda Khatri | Aug 26, 2019 | Construction
The Supreme Court has had the final say on the status of ‘on sold’ earthquake damaged properties insured by IAG at the time of the Canterbury earthquakes. In a judgment released yesterday, the Supreme Court by 3:2 majority, decided that owners of on sold...
by Brinda Khatri | Aug 13, 2019 | Construction
Recently, a subcontractor in the UK was relieved of adverse ground conditions risk, despite contract amendments that sought to allocate that risk to the subcontractor- and it all hinged on an analysis of appendices to the contract. Appending documents to a contract...
