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...
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....
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
