The latest issue of the Building and Construction Law Journal (Volume 27 Part 6) contains the following material:
- Just, quick and cost-effective?
Parties are increasingly turning to expert determination as a means of resolving general disputes arising under construction contracts. This article contends that this trend is an undesirable response to the current inefficiency of commercial arbitration and litigation in Australia. Expert determination is most effective in circumstances where the dispute falls within the expert’s technical qualifications, and a more formal process in the nature of a judicial enquiry is not required. It is hoped that Australia’s ongoing domestic commercial arbitration reforms will once again make arbitration the preferred mechanism for resolving general disputes arising under construction contracts. This in turn could encourage parties to employ expert determination in the more selective and appropriate way suggested.
Fixed time/fixed price contracting: Rethinking adversarialism – can you have your cake and eat it? – Marko Misko and Shannon Radomski
This article proposes the development of a new standard form fixed time/fixed price collaborative contract; combining the benefits of a risk allocation providing legal certainty of time, cost and quality outcomes with the commercial flexibility and opportunities of relationship contracting. Central to this approach is the use of a PRISM (a proactive risk and issue settlement model) to promote the commercial resolution of all risks and issues before they give rise to contractual claims and disputes.
BOOK REVIEW – Christopher Larcos
- The Law of Construction Disputes by Cyril Chern
- Limitation when suing for defects and joint or several tortfeasors and no contribution – Adrian Bellemore
- Shoalhaven City Council v Firedam Civil Engineering Pty Ltd
- Cardno BSD Pty Ltd v Water Corporation (No 2)
- St Hilliers Contracting Pty Ltd v Dualcorp Civil Pty Ltd
- Pearl Hill Pty Ltd v Concorp Construction Group (Vic) Pty Ltd
For the pdf version of the table of contents, click here: BCL Vol 27 Pt 6 Contents.