March 2022

CONTENTS
  • You break it you bought it: Supreme Court confirms you
    can’t cancel a contract for failure to satisfy a condition if your
    own behaviour had a material effect on the failure
  • Case in Brief: Unhelpful expert witness sees homeowners
    succeed in defective works claim
  • Expert “evidence” needs to be more than just bald assertions
    to win the day
  • Overhaul coming to the regulation of engineers
  • An adjudicator’s decision on a construction contract is
    definitely worth the paper it’s written on!
  • WA Supreme Court finds no implied license to use home
    design plan
  • Inconsistent dispute resolution clauses – exploring the limits of
    the Fiona Trust presumption
  • Supply shortages are here to stay – managing cost escalation
    under NZS 3910:2013
  • The NEC unveils new climate change clause