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The latest issue of the Building and Construction Law Journal (Volume 33 Part 1) contains the following material:
The Limits of Limitation Clauses – Julian Bailey
A paper presented to the Society of Construction Law for Africa, 2nd International Construction Law Conference, Cape Town, 28 October 2016.
Good Faith in the AS11000: Has the Eagle Landed? – Alexander Di Stefano
Standards Australia is set to release the AS11000: General Conditions of Contract as a replacement to the AS2124:1992 and AS4000:1997 suites. Controversially, the AS11000 includes an express obligation on both parties to act in “good faith”. The 2015 draft did not define “good faith”, leaving this to the general law which historically has been unclear in this area. Despite recent signs the doctrine of good faith is maturing, members of the industry called for the AS11000 term to be defined, which in the final version it is. This article considers both the old and new clauses in the context of the general law and seeks to clarify how they will operate, where the uncertainty lies, and what can be done to reduce it. Even with an express definition uncertainty will remain, on balance, however, its inclusion will be beneficial to parties to the AS11000 and the construction industry generally.
- Simic v New South Wales Land & Housing Corporation
- Laing O’Rourke Australia Construction Pty Ltd v Samsung C&T Corporation
For the PDF version of the table of contents, click here: BCL Vol 33 No 1 Contents.
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