Building and Construction Law Journal update: Vol 36 Pt 4
The latest Part of the Building and Construction Law Journal includes the following articles: “Is It Time for an Express Term of Good Faith in Australian Construction Contracts?” – Joseph Biagio Xuereb; and “No-reliance Clauses: Are They Effective at Limiting a Principal’s Liability for Misleading or Deceptive Conduct?” – Eileen Yang. Also in this Part are the following sections: Editorial; Book Review: “Construction Law (3rd ed)”, by Julian Bailey – Reviewed by Michael Christie SC; and Reports on the following cases: Leeda Projects Pty Ltd v Zeng; TFM Epping Land Pty Ltd v Decon Australia Pty Ltd; and C&V Engineering Pty Ltd v Hamilton & Marino Builders Pty Ltd.
Building and Construction Law Journal update: Vol 36 Pt 2
The latest Part of the Building and Construction Law Journal includes the following articles: “Proportionate Liability: Procedural or Substantive?” – Ella Delany; and “Understanding and Administering Co-operation Clauses in Major Australian Project Contracts” – Rebecca Dickson. Also in this Part is an Editorial; Book Review: “Dispute Board Manual: A Guide to Best Practices and Procedures” by Dispute Resolution Board Foundation – Reviewed by Dr Donald E Charrett; and Reports on the following cases: JKC Australia LNG Pty Ltd v CH2M Hill Companies Ltd; Siemens Gamesa Renewable Energy Pty Ltd v Bulgana Wind Farm Pty Ltd; Civil Mining & Construction Pty Ltd v Wiggins Island Coal Export Terminal Pty Ltd.
Building and Construction Law Journal update: Vol 36 Pt 1
The latest Part of the Building and Construction Law Journal includes this article: “Mann v Paterson Constructions Pty Ltd – New Law for Quantum Meruit Claims in Building Contracts” – Laina Chan and JW Carter. Also in this Part is an Editorial and Reports on the following cases: Mann v Paterson Constructions Pty Ltd; Visual Building Construction Pty Ltd v Armitstead (No 2).
Building and Construction Law Journal update: Vol 35 Pt 6
The latest Part of the Building and Construction Law Journal includes this article: “Timing is Everything: Security of Payment, Set-off and (In)solvency” – Professor Helen Anderson and Dr Matthew Bell. Also in this Part is an Editorial; Book Review: “Delay and Disruption in Construction Contracts, by Andrew Burr” – Reviewed by Michael Christie SC; and Reports on the following cases: James Engineering Pty Ltd v ABB Australia Pty Ltd; Style Timber Floor Pty Ltd v Krivosudsky; Niclin Constructions Pty Ltd v SHA Premier Constructions Pty Ltd.
Building and Construction Law Journal update: Vol 35 Pt 5
The latest Part of the Building and Construction Law Journal includes this article: “Closing the Gap: Decennial Liability Insurance – The Solution to the Strata Living Crisis in New South Wales” – Jessica Rippon. Also in this Part is an Editorial; Book Review: “The Application of Contracts in Engineering and Construction Projects, by Dr Donald Charrett” – Reviewed by Professor John Sharkey AM; and Reports on the following cases: Bundanoon Sandstone Pty Ltd v Cenric Group Pty Ltd; Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd; and CPB Contractors Pty Ltd v Celsus Pty Ltd (No 2).
Building and Construction Law Journal update: Vol 35 Pt 4
The latest Part of the Building and Construction Law Journal includes this article: “Conditions of Contract for Underground Works – The Emerald Book Sees the Light of Day” – Hon Peter Vickery QC. Also in this Part is an Editorial; Book Review: “Construction Law, Costs and Contemporary Developments: Drawing the Threads Together – A Festschrift for Lord Justice Jackson, Julian Bailey (ed)” – Reviewed by Michael Christie SC; and Reports on the following cases: Grandview Ausbuilder Pty Ltd v Budget Demolitions Pty Ltd; YTO Construction Pty Ltd v Innovative Civil Pty Ltd; and Iskra v MMIR Pty Ltd.
Building and Construction Law Journal update: Vol 35 Pt 3
The latest Part of the Building and Construction Law Journal includes this article: “Arbitration, Improving the Process” – Ian H Bailey AM SC. Also in this Part is an Editorial; and Reports on the following cases: Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (In Liq); Structural Monitoring Systems Ltd v Tulip Bay Pty Ltd; and Ku-ring-gai Council v Ichor Constructions Pty Ltd.
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
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Building and Construction Law Journal update: Vol 36 Pt 3
The latest Part of the Building and Construction Law Journal includes the following article: “Commentary on Amendments to the Construction Contracts (Security of Payments) Act 2004 (NT)” – Gordon Smith; an Editorial: “Specialist Technology and Construction Courts and Lists”; and Reports on the following cases: Brolton Group Pty Ltd v Hanson Construction Materials Pty Ltd; Duffy Kennedy Pty Ltd v Galileo Miranda Nominee Pty Ltd.