*Please note that the links to the content in this Part will direct you to Westlaw AU. If you are still using Legal Online, the links can be found in the LOLA PDF at the bottom of this post.
The latest issue of the Building and Construction Law Journal (Volume 28 Part 6) contains the following material:
- Expeditious or efficient?
Must a payment claim be made in good faith? – David Levin QC and Luke Stanistreet
Although good faith may be a requirement for a valid adjudication under the various Security of Payment Acts, importing into the Act an implied obligation for a claimant to make any payment claim in good faith would detract materially from the simple robust mechanism provided by the Act to achieve a speedy interim resolution of payment claims to promote early recovery of progress payments.
Construction industry be warned – James Ioannou
A significant legal reform in the last 10 years for construction professionals has been the issue of negligence and the obligation to warn. The article provides some general background to negligence and considers the standard of duty of care, as well as the case law that has discussed assessing the appropriate standard of reasonable care involving skilled professionals. It examines the developments and obligations of parties to a complex construction project, and investigates the application of proportionate liability to situations involving a breach of a duty of care arising from a failure to warn.
- ALH Group Property Holdings Pty Ltd v Chief Commissioner of State Revenue
- Management 3 Group Pty Ltd (in liq) v Lenny’s Commercial Kitchens Pty Ltd
- Hi-Tech Telecom v RSL Com Australia
- VDM Construction Pty Ltd v MCC Mining (Western Australia) Pty Ltd