Building and Construction Law Journal update: Vol 35 Pt 2
The latest Part of the Building and Construction Law Journal includes the following articles: “Cladding – Who Will Pay?” – Mark Waller, Chris Erfurt and Tara Mulroy; and “Is the Prevention Principle Still Relevant? A Case for Statutory Intervention” – Michael Elliott.
Also in this Part is an Editorial; Book Review: “International Construction Contract Law (2nd ed)” by Lukas Klee – Reviewed by Rami Marginean; Case Note: “Termination of Construction Contracts: The Good Faith Risk” – Jeffrey Goldberger, Emanuel Confos and Harriet Oldmeadow; and Reports on the following cases: Santos Ltd v BNP Paribas; Icon Co (NSW) Pty Ltd v Australia Avenue Developments Pty Ltd; and Robinson v 470 St Kilda Road Pty Ltd.
“Lovedays” to “affirming the turkey”: Commercial Arbitration Down the Centuries
For over a thousand years – at least – mediation and arbitration have been practised in the English-speaking world. In fact, arbitration as a dispute settling mechanism is probably as old as human society itself, suggests Tom Bathurst in his survey of the history of arbitration published in the Building and Construction Law Journal (BCL). ...more
Building and Construction Law Journal update: Vol 35 Pt 1
The latest Part of the Building and Construction Law Journal includes the following articles: “The History of the Law of Commercial Arbitration” – The Hon TF Bathurst; and “Collaborative Contracting Comeback” – Lina Fischer, Christopher Slocombe, Andrew Fry and Edwina Higgins. Also in this Part is an Editorial; Book Review: “Arbitration in Singapore – A Practical Guide (2nd Ed), by the Honourable the Chief Justice Sundaresh Menon (Editor-in-Chief), Francis Xavier SC, Chong Yee Leong and Lucy Reed (General Editors)” – Reviewed by Michael Christie SC; and Reports on the following cases: Duro Felguera Australia Pty Ltd v Trans Global Projects Pty Ltd (In Liq); Goodwin Street Developments Pty Ltd v DSD Builders Pty Ltd; and Gambaro Pty Ltd v Rohrig (Qld) Pty Ltd.
Building and Construction Law Journal update: Vol 34 Pt 6
The latest Part of the Building and Construction Law Journal includes the following articles: “Notices, Time Bars and Proportionality: – Sir Rupert Jackson; and “Construction Disputes as Treaty Claims: A Claim by Another Name” – Leon Firios and Kanaga Dharmananda SC. Also in this Part is an Editorial; Book Review: “Estoppel by Conduct and Election (2nd ed) by the Honourable KR Handley QC” – Reviewed by Michael Christie SC; and Reports on the following cases: Actron Investments Queensland Pty Ltd v DEQ Consulting Pty Ltd; Mann v Patterson Constructions Pty Ltd; and Ian Street Developer Pty Ltd v Arrow International Pty Ltd.
Building and Construction Law Journal update: Vol 34 Pt 4
The latest Part of the Building and Construction Law Journal includes the following articles: “Is Conventional Insurance for Construction Projects Fit for Purpose?” – Dr Donald E Charrett; and “‘All Promise Outruns the Performance’: The Enforceability of Extended Promises in Construction Contracts” – Dominic Fawcett and Hugh Hadgraft. Also in this Part is an Editorial; and Reports on the following cases: Samsung C&T Corp v Duro Felguera Australia Pty Ltd; Duro Felguera Australia Pty Ltd v Samsung C&T Corp; and Southern Cross Electrical Engineering Ltd v Steve Magill Earthmoving Pty Ltd.
Building and Construction Law Journal update: Vol 34 Pt 3
The latest Part of the Building and Construction Law Journal includes the following articles: “The Measure of Damages for Breach of a Construction Contract Where There Is No Economic Loss: An Examination and Evaluation of the Law in England and Australia” – Jonathan Korman; and “We Need to Talk about the Engineer: A New Zealand Perspective” – Nick Gillies. Also in this Part is an Editorial; and Reports on the following cases: Dedert Corp v United Dalby Bio-Refinery Pty Ltd; CPB Contractors Pty Ltd v JKC Australia LNG Pty Ltd (No 3); and Kawasaki Heavy Industries Ltd v Laing O’Rourke Australia Construction Pty Ltd.
Building and Construction Law Journal update: Vol 34 Pt 1
The latest Part of the Building and Construction Law Journal includes the following articles: “A Contractual Path Around Proportionate Liability?” – Grant Lubofsky; and “Transfer of Project Risk: The Impact of Testing and Commissioning and Implications of Practical Completion and Taking into Use by the Principal” – Patrick Mead. Also in this Part is an Editorial; and Reports on the following cases: Aalborg CSP A/S v Ottoway Engineering Pty Ltd; Abergeldie Contractors Pty Ltd v Fairfield City Council; and Fitz Jersey Pty Ltd v Atlas Construction Group Pty Ltd.
Building and Construction Law Journal update: Vol 33 Pt 6
The latest Part of the Building and Construction Law Journal includes the following article: “Managing Legal Risk in Government Procurement: Disgruntled Tenderers’ Search for a Remedy Continues” – Louise Young. Also in this Part is an Editorial; and a Report on the following case: Walker Group Constructions Pty Ltd v Tzaneros Investments Pty Ltd [2017] NSWCA 27.
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