April 2019

In this issue, we feature an article on the warning apartment owners may take from the recent Court of Appeal decision in Body Corporate S73368 v Otway. This decision creates some financial uncertainty for owners who could now be liable for repair costs to units other than their own. We also look at the limitations of a Professional’s obligations when working for free, the trials and tribulations of expert witnesses and we investigate the Queensland’s Building Industry Fairness (Security of Payment) Act 2017. Sarah Holderness and Nick Gillies discuss ten guidelines the government could consider in its approach to construction contracts and we look at the proposed new government procurement rules.

In ‘Case in Brief’ Laura and Kate Badcock look at the impact of the recent decision in M Davenport Builders Limited v Greer & Anor [2019] EWHC 318 (TCC) and how this works in the New Zealand context.

On page 43 Catherine Green reviews Charles O’Neil’s exciting new book: Global Construction Success.

CONTENTS
  • Apartment Owners Beware: Who Pays?
  • Turf Wars – Scoping the Limitations of a Professional’s Obligations When Working for Free
  • Case in Brief: M Davenport Builders Limited v Greer & Anor [2019] EWHC 318 (TCC) 
  • Stand Down if you Can’t Deliver: The Trials and Tribulations of Experts 
  • Construction Contract Reform: Ten Guidelines the Government Could Adopt 
  • Change on the Horizon: What You Need to Know About the Proposed New Government Procurement Rules 
  • Book Review: Global Construction Success by Charles O’Neil
  • Queensland’s Building Industry Fairness (Security of Payment) Act 2017 – Is it Building Fairness?