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The latest issue of the Building and Construction Law Journal (Volume 33 Part 3) contains the following material:
- Standard Form Construction Contracts and Adhesion Contracts – Michael Christie SC
Statutory and contractual assignments of building warranties provide subsequent owners the opportunity to protect themselves from building defects. The mechanism for such protection, and the extent to which it is legally reinforced, are heavily dependent on the building owner’s vulnerability and the ambit of the relevant legislation. This article considers the importance of providing commercial certainty to non-vulnerable parties. Conversely, it explores the need for broad and consistent legislative relief for vulnerable parties. To this end, it is suggested that statutory warranty assignments are appropriate for the latter and contractual warranty assignments are appropriate for the former. However, in order to be fully effective, this “horses for courses” proposition requires both legislative reform and jurisprudential clarification on the operation of the “ruling principle” for assessing contract damages.
- Southern Han Breakfast Point Pty Ltd (in liq) v Lewence Construction Pty Ltd
- Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2)
For the PDF version of the table of contents, click here: BCL Vol 33 No 3 Contents.
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