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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

Case Analysis: Principal’s Representative/Superintendent’s Role as Certifier

February 25th, 2021|Categories: Construction Contracts, Construction Law|

In Vestas v Lal Lal, the Supreme Court of Victoria provided guidance concerning communications between a Principal and the Principal’s Representative when acting as certifier regarding an application for preliminary discovery and interlocutory injunction. This case re-enforces the importance of the Principal’s Representative/Superintendent acting independently and avoiding private communications with the Principal when acting as

Victorian Building Laws Continue to Tighten on High-risk Cladding

February 25th, 2021|Categories: Construction Law|

The tightening of legislation around cladding continues with the Victorian Government issuing the Prohibition of High-Risk Cladding Products Declaration (the Declaration). The Declaration was made under s192B of the Building Act 1993 (Vic) (the Act) where it gives the Minister power to ban certain cladding products that are likely to cause a risk of serious

Building & Construction Industry (Security of Payment) Bill (WA)

February 25th, 2021|Categories: Construction Contracts, Construction Law, Security of Payment|Tags: , , , , |

On 23 September 2020, the Attorney General Minister Quigley introduced the Building and Construction Industry (Security of Payment) Bill 2002 (WA) (the Bill) into Parliament. If the Bill is adopted, it will replace the Construction Contracts Act 2004 (WA) (the CCA) and provide a new Act for securing payment under construction contracts in the building

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