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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For the individual contents pages for each Part, click here.
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).
The latest Part of the Building and Construction Law Journal publishes an article by David Levin QC and Luke Stanistreet which asks whether a payment claim be made in good faith and an article by James Ioannou discussing the issues of negligence and the obligation to warn in the construction industry. There are also Reports on the following cases: 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 and VDM Construction Pty Ltd v MCC Mining (Western Australia) Pty Ltd.
Delay and Disruption in Construction Contracts by Keith Pickavance (4th ed, Sweet & Maxwell, 2010), 1274 pages (including index and tables), RRP: £320) Reviewed by John Dorter What a wonderful, well-rounded and in-depth worth this very authoritative text has matured into. The very learned author has given the profession a splendid encyclopaedia on not just his ...more
The fifth Part of Volume 28 of the Building and Construction Law Journal includes two interesting articles on different aspects of building and construction law in Australia. The first article is by David Trinder and asks the question: “Does constructive acceleration exist in Australian construction contracting in 2012?”. The second article is by Deniz Tas and analyses difficult ground conditions and the rights of a contractor. There are also three Reports and a book review.
The August 2012 issue of the Building and Construction Law Journal includes an article by JE Lunn which proposes various methods by which traditional dispute resolution procedures may be modified to improve efficiency; an article by Richard Manly SC considering the benefits that a liquidated damages clause can provide to contracting parties from practical, commercial and economics perspectives; and an article by Thomas Denehy and Paula Gerber which provides a comparative study of dispute avoidance procedures in use around the world to determine what constitutes world’s best practice when it comes to the prevention and management of construction disputes. There is also a Book Review and a Report.
The June 2012 issue of the Building and Construction Law Journal includes three interesting articles covering a range of topics related to building and construction law. The first article is by AA de Fina and looks at developments in arbitration in Australia. The second article comes from David Ulbrick and Edward Harrison and discusses the enforcement of upstream duties relating to OHS in Victoria. The final article is by Andrew Murray and discusses moral rights in the context of the construction industry and provides some practical suggestions as to how the processes envisioned by the Copyright Act 1968 may work in practice. There are also two Reports, an editorial and a book review.
The latest Part of the Building and Construction Law Journal includes articles on the desirability of making expert determinations final and binding and the requirement for builders to pay rectification damages irrespective of the plaintiff’s intention or ability to rectify. Also included in this issue is a book review and four Reports.
The first Part for Volume 28 of the Building and Construction Law Journal contains an article discussing the assessment of the measure of damages for building defects and a review of decisions since the Tabcorp case providing guidance on the position of the courts and building tribunals. There are also two cases reported: K & J Burns Electrical Pty Ltd v GRD Group (NT) Pty Ltd and John Holland Pty Ltd v Walz Marine Services Pty Ltd.
The last Part of the 2011 volume of the Building and Construction Law Journal includes articles on expert determination as a means of resolving general disputes arising under construction contracts and fixed time/fixed price collaborative contracts. There is also a Topic of Interest regarding suing for defects and joint or several tortfeasors. This issue also includes a book review and four Reports.