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Home / Archives for Virginia Bonanni

And you think you may have problems with your construction contract?

And you think you may have problems with your construction contract?

by Virginia Bonanni | Apr 7, 2022 | Building

Jo O’Dea In the recent Australian case of Gemcan Constructions Pty Ltd v Westbourne Grammar School [2022] VSC 6, the Supreme Court of Victoria considered a number of issues concerning a construction payment dispute between the parties.  Technically this case was the...
Vicarious liability and subcontractors

Vicarious liability and subcontractors

by Virginia Bonanni | Apr 7, 2022 | Adjudication, Arbitration, Building, BuildLaw, Construction, Contract law

By Sam Dorne Liability in tort depends upon proof of a personal breach of duty, with one true exception, vicarious liability. The law of negligence is generally fault based; a defendant is personally liable only for the defendant’s own negligent acts and omissions....
Limitation for payment claims under construction contracts

Limitation for payment claims under construction contracts

by Virginia Bonanni | Apr 7, 2022 | Adjudication, Arbitration, Building, BuildLaw, Construction, Contract law

By Sam Dorne The decision in Hirst v Dunbar [2022] EWHC 41 (TCC) considers the impact of payment provisions in a construction contract, whether through contract or implied terms, and the commencement of the limitation period for payment claims under the contract. It...
Extensions of time in construction contracts

Extensions of time in construction contracts

by Virginia Bonanni | Apr 7, 2022 | Adjudication, Building, BuildLaw, Construction

By Jo O’Dea   In an extension of time claim, blame for the delay was a relevant consideration when assessing what was “fair and reasonable”.   In CAJ v CAI [2021] 5 GCA 102, the Singapore Court of Appeal considered the issue of extensions of time in...
Construction contract procedure and dispute resolution: There really is a reason to pay attention to the boring stuff

Construction contract procedure and dispute resolution: There really is a reason to pay attention to the boring stuff

by Virginia Bonanni | Apr 5, 2022 | Building

By Belinda Green Failure to follow a simple construction contract procedure resulted in a hollow dispute outcome for all in Cairns Building and Construction v Kaminaras. This Queensland case reminds us that contractual processes are not just put there by lawyers to...
Laying the foundations: tips on how to mediate high-profile construction disputes

Laying the foundations: tips on how to mediate high-profile construction disputes

by Virginia Bonanni | Feb 26, 2022 | Building

By Hannah Aziz Top tips for mediating high-profile construction disputes: Tip 1: Fail to prepare, prepare to fail As with any legal dispute, preparation is key. There will likely be additional, external pressures in high-profile disputes, including publicity...
Testing the waters: New South Wales Supreme Court considers the prevention principle

Testing the waters: New South Wales Supreme Court considers the prevention principle

by Virginia Bonanni | Feb 25, 2022 | Adjudication, Building, BuildLaw, Construction, Contract law

By Hannah Aziz  Court provides further confirmation that the prevention principle can be excluded by the terms of a contract.   Introduction Following our recent commentary comparing the operation of the prevention principle in New South Wales and Victoria, the...
Construction contract or product warranty? Not all collateral warranty disputes can be adjudicated

Construction contract or product warranty? Not all collateral warranty disputes can be adjudicated

by Virginia Bonanni | Feb 15, 2022 | Adjudication, Building, Construction, Payment claims

By Belinda Green Collateral warranties might be parasitic on a construction contract, but that doesn’t automatically mean they are one. The individual wording and circumstances need to be considered. In some cases, like in Toppan Holdings Limited v Simply Construction...
Limitation for payment claims under construction contracts

When you think the amount of your personal guarantee had a limit – but it didn’t.

by Virginia Bonanni | Dec 22, 2021 | Adjudication, Building, BuildLaw, Case Law, Construction, Contract law, Payment claims

In a recent Court of Appeal case, Cancian v Carters [2021] NZCA 397, Carters sought to enforce a personal guarantee against Mr Canican.  The Court dismissed an argument from Mr Cancian that Carters had not notified him that that the limit on his personal guarantee had...
Leaky Home Case: Failure to obtain a building report results in reduction of damages for contributory negligence

Leaky Home Case: Failure to obtain a building report results in reduction of damages for contributory negligence

by Virginia Bonanni | Nov 1, 2021 | Adjudication, Building, BuildLaw, Construction, Contract law, Payment claims

By Melt Strydom. Apportionment for contributory negligence allows a court to share the responsibility between parties in circumstances where the test for causation and remoteness of damage justifies it. It doesn’t mean a respondent will not be held liable for...
Do payment claims for retention money ‘fit’ with the standard terms of contract in New Zealand?

Do payment claims for retention money ‘fit’ with the standard terms of contract in New Zealand?

by Virginia Bonanni | Oct 29, 2021 | Adjudication, Building, Construction, Contract law, Payment claims

By Maria Cole The New Zealand Construction Contracts Act 2002 (CCA) does not explicitly state that payment claims can be used to recover retention money. That said, it is clear the 2015 amendments to the definition of a ‘payment’ under the CCA are broad enough to...
Resolving Construction Disputes – Is Adjudication a Good Option?

Resolving Construction Disputes – Is Adjudication a Good Option?

by Virginia Bonanni | Oct 21, 2021 | Adjudication, Building, Construction, Contract law, Initiating Adjudication

By Natalia Vila.   With few exceptions, the Construction Contracts Act 2002 (the Act) applies to every construction contract relating to construction work carried out in New Zealand. Statutory adjudication under the Act is the most commonly used dispute...
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