*Please note that the links to the content in this Part will direct you to Westlaw AU.
The latest issue of the Building and Construction Law Journal (Volume 31 Part 5) contains the following material:
The period of limitation in Victorian building actions – David Levin
The operative limitation period for Victorian building actions has been a vexed issue for many years. The interaction between the Limitation of Actions Act 1958 (Vic) and the Building Act 1993 (Vic) has been unclear. The decision of the Court of Appeal in Brirek may not have resolved the issue.
Validity of premature adjudication applications: Challenges in Singapore’s approach – Sze Hui Jasmine Low
In Singapore, following the decision of Newcon Builders Pte Ltd v Sino New Steel Pte Ltd  SGHCR 13, premature adjudication applications under the Building and Construction Industry Security of Payment Act (SOP Act) are not ipso facto invalid; rather, the prematurity of an application is but a factor for the adjudicator’s consideration in determining the costs payable in respect of the adjudication. This article points out the difficulties with this position, namely, its incongruence with the overarching purpose of the SOP Act as well as the practical realities of the construction industry, which in turn suggest that a legislative resolution of the status of premature adjudication applications under the SOP Act is timely.
The Western Australian Supreme Court upheld a strict time bar even in circumstances where the contractor would otherwise have been entitled to an extension of time. The case serves as a reminder that clearly drafted time bars will bite if parties do not put their notices in on time. The case also stands for the proposition that a clearly drafted extension of time regime may exclude the operation of the prevention principle, meaning that the contractor will take the risk of accelerating in circumstances where no extension of time is granted.
- Laing O’Rourke Australia Construction Pty Ltd v Samsung C & T Corporation
- Lamio Masonry Services Pty Ltd v TP Projects Pty Ltd
- Patrick Stevedores Operations No 2 Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd
For the PDF version of the table of contents, click here: BCL Vol 31 No 5 Contents.