December 2016

In this issue we feature recent and imminent changes to the Construction Contracts Act – consultants included as from 1 September 2016 and a new statutory trust model for retentions comes into force on 31 March 2017.

We also look at the ‘Cinderella of law’ – unjust enrichment, dispute boards in Brazil, the Society of Construction Law’s new take on the Delay and Disruption Protocol; and more.

In ‘Case in Brief’, Sarah Redding discusses two recent decisions of the Australian and UK Courts, and the different approaches taken in each jurisdiction to the relationship between parties’ contractual termination obligations and the common law right to terminate for repudiatory breach.

CONTENTS
  • Q4 highlights
  • Construction Contracts Act – new statutory trust model for retentions
  • BuildSafe in Brief
  • Unjust enrichment, a Cinderella story
  • Case in Brief – Double Edition
    • DCT Projects Pty Ltd v Champion Homes Sales Pty Ltd [2016]
    • Vinergy International (PVT) Ltd v Richmond Mercantile Ltd FZC [2016]
  • CCA Captures Consultants
  • Disputes Boards set to gain traction in Brazil
  • SCL’s new take on the delay and disruption protocol
CONTENTS

  • Court review of an arbitrator’s preliminary jurisdictional ruling: de novo or appellate review?
  • Retentions maxed out
  • Case in Brief: Adjudicator’s determination quashed – Anderson and Anor v Swindells & Anor
  • Expert determination clauses – when will they be enforceable to prevent Court proceedings?
  • Don’t get stuck in the penalty box: the world post-Makdessi
  • Sentencing trends under new penalty regime
  • Holding parties to their bargain: the Supreme Court enforces a ‘no oral variation clause’
  • Some clarity on ‘no oral variation’ clauses