Building and Construction Law Journal (BCL)
Bridging the theory and practice of building and construction law
About the Journal
The Building and Construction Law Journal provides an arena for the debate of relevant changes in building and construction law at both a national and international level. This journal provides a bi-monthly update on legislative change, as well as debate and analysis on building and construction claims, disputes, contracts and court decisions.
Every issue of the journal covers core subject-areas plus specially headnoted multi-jurisdictional building and construction law reports.
John Dorter is a leading expert in construction contracts and construction dispute resolution. He is co-author of Building and Construction Contracts in Australia – Law and Practice (looseleaf, Thomson Reuters) and Commercial Arbitration in Australia – Law and Practice (looseleaf, Thomson Reuters).
Mr Dorter has also been the past President of The Institute of Arbitrators and Mediators Australia and has lectured at both The University of Sydney and the University of New South Wales. He is now a Senior Fellow at the University of Melbourne.
New South Wales – Christopher Larcos
Victoria and Tasmania – John Sharkey AM
Queensland – Professor Douglas Jones AO
South Australia – Patrick O’Sullivan QC
Western Australia – Ian Nosworthy
South East Asia (Hong Kong, Bangkok and Singapore) – Professor Lawrence Boo
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To subscribe to this Journal or purchase individual articles, please visit our “Subscribe or Purchase” page.
For the individual contents pages for each Part, click here.
The Building & Construction Law Journal started publishing in July 1985, and has now reached its 30th volume. The first issue opened with an Editorial which noted: Building and construction law is a rapidly evolving and very complex field. It was felt timely to produce a publication which would provide an overview of the entire area, keeping informed ...more
The latest Part of the Building and Construction Law Journal includes the following articles: “The old rule, the true rule and contract administration notices in construction” – Andrew Mewing; and “Contractors’ global loss of productivity claims” – David McAndrew. Also in this Part are Reports on two cases: Phontos v Tresedar Pty Ltd; and EGL Management Services v Northern SEQ Distributor-Retailer Authority.
The latest Part of the Building and Construction Law Journal includes the following: “Time bars after Andrews v ANZ” – Andrew P Downie; “Building bridges in the classroom: A view from the academy” – Matthew Bell, Dr Paula Gerber and Dr Phil Evans; Topic of Interest: “Best endeavours and reasonable endeavours: Is there any material difference?” – Elisabeth Moran and Cameron Ross; and Report: CH2M Hill v New South Wales.
The latest Part of the Building and Construction Law Journal includes the following articles: “Kable and the validity of s 15 of the Building and Construction Industry Security of Payment Act 1999 (NSW)” – Jean M Hamilton-Smith; and “Monetary value: The “least worst” proxy for vulnerability in regulation of construction contracting?” – Matthew Bell and Ravindu Goonawardene. There is also a book review and Reports for the following cases: St Hilliers Construction Pty Ltd v Fitzpatrick Investments Pty Ltd; Thiess Pty Ltd v MCC Mining (Western Australia) Pty Ltd; and Phillips v Tobias Partners Pty Ltd.
The latest Part of the Building and Construction Law Journal includes three interesting articles. The first article is by Brian Mason and discusses the constitutional validity of the arrangements for recovering unpaid security of payment adjudication determinations as a judgment debt. The second article comes from Rohan Havelock, who analyses the availability of liquidated damages following determination of the construction contract. The final article is by Michelle Backstrom and considers the binding nature of certificates in the context of traditional construction contract arrangements and also considers the implications for more complex contracts like those entered into to facilitate public private partnerships.
The latest Part of the Building and Construction Law Journal publishes the following articles: “PPSA and construction law” – Matthew Broderick; “Common exclusions to liability caps in construction contracts: Gross negligence, fraud and wilful misconduct” – Roman Rozenberg and Cameron Ross; and “Subsequent purchasers and defective buildings: Making a case for greater clarity in Australia” – Rami Marginean. There is also a Report: Cordon Investments Pty Ltd v Lesdor Properties Pty Ltd.
The following is a brief look at some forthcoming articles from various Thomson Reuters journals in August: Journal of Judicial Administration – Vol 23, Pt 1 In this issue of the Journal of Judicial Administration, Chief Justice Robert French AC reflects on the task of defining courts and distinguishing them from other decision-making bodies. In his article ...more
The latest Part of the Building and Construction Law Journal includes an article by David Levin QC about proportionate liability in commercial arbitrations in Australia, an article by Patrick Easton about the Andrews litigation and its relation to penalties from breach of contract, and an article by Jeremy Coggins about breaches of natural justice in alternative dispute resolution of construction disputes. Also in this Part are Reports on the following cases: TX Australia Pty Ltd v Broadcast Australia Pty Ltd and Redline Contracting Pty Ltd v MCC Mining (Western Australia) Pty Ltd (No 2). Not to be missed!
The latest Part of the Building and Construction Law Journal includes two interesting articles. The first article is by Jennifer McVeigh and Kimie Tsukakoshi who look at the potential complications involved in the inclusion of termination for convenience clauses in construction contracts. The second article is by Richard Manly SC and looks at the use of formulae to calculate liquidated damages or stipulated sums in contracts. There is also a Report on Austman Pty Ltd v Mount Gibson Mining Ltd and a review of The Leaky Buildings Crisis: Understanding the Issues by Steve Alexander. Not to be missed!
The latest Part of the Building and Construction Law Journal publishes two articles of interest. The first comes from Tómas Kennedy-Grant QC and discusses the concepts of good faith, unconscionability and reasonableness and how they apply to the various stages of the construction process. The second article is by Adrian Bellemore and looks at the implications of party and party costs as opposed to solicitor and client costs. There is also a large Report on Dura (Australia) Constructions Pty Ltd v Hue Boutique Living Pty Ltd (No 3).