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Oral Contracts in NSW: Determining Their Existence & Terms

April 22nd, 2021|Categories: Construction Contracts, Construction Disputes, Construction Law, Dispute Resolution|

“Oral contracts are worth the paper they are written on” This is an expression that many business people will be familiar with. While not technically true, the expression captures the real risk that parties take by failing to reduce an agreement to writing. In the matter of Hoju Jobs Pty Ltd [2021] NSWSC 302 (Hoju

The Design & Building Practitioners Regulations Have Arrived…

April 13th, 2021|Categories: Construction Contracts, Construction Law, Home Building|

The heavily awaited Design and Building Practitioners Regulation 2021 (Regulation) has been released and will take effect from 1 July 2021. The objective of the Regulation is to provide guidance around the new obligations imposed on builders, designers, and engineers of NCC Class 2 (residential apartment) buildings under the Design and Building Practitioners Act 2020

Liquidated Damages vs Delay Damages – What is the difference?

March 31st, 2021|Categories: Construction Contracts, Construction Disputes, Construction Law|

Where a contractor fails to complete works by the date for completion the typical expectation is that such a breach would allow the principal to claim damages calculated as the actual loss resulting from the delay to completion. Alternatively, the contract may allow for the contractor to claim damages for delay caused by the principal,

Rules for Interpretation of a Commercial Contract in NSW

March 26th, 2021|Categories: Commercial & Corporate Advisory, Construction Contracts|

The interpretation of a commercial contract is a continuous area of contention, particularly in construction projects where use of technical terms relies on a large amount of assumed knowledge. A recent decision handed down in the NSW Supreme Court, [Jabbcorp (NSW) Pty Limited v Strathfield Golf Club [2020] NSWSC 1317], Justice Ball revisited the principles

Infrastructure Australia Priority List: What is it? And what’s on it for 2021?

March 2nd, 2021|Categories: Construction Law, News|

Each year, Infrastructure Australia updates and publishes the Infrastructure Australia Priority List. The Infrastructure Australia Priority List identifies priorities for the current federal government. But why do they exist, what do they do, and how can you join this exclusive club? The Problem Throughout the latter part of the 20th century and the earliest parts

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