The builder’s right to fix

The builder’s right to fix

Introduction When a dispute over defective building work turns ugly, the owner is sometimes tempted to refuse the builder the opportunity of returning to rectify the defects.  There are risks in this course.  This update considers a recent NSW Supreme Court decision...
Contractual appendices: ignore at your peril

Contractual appendices: ignore at your peril

Recently, a subcontractor in the UK was relieved of adverse ground conditions risk, despite contract amendments that sought to allocate that risk to the subcontractor- and it all hinged on an analysis of appendices to the contract. Appending documents to a contract...
Retentions – maxed out

Retentions – maxed out

Common retentions provisions in subcontracts may be unenforceable. In Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5, the High Court of Australia recently held that on its proper construction, the retention provisions in a subcontract that made liability for...