Building and Construction Law Journal update: Vol 34 Pt 2
The latest Part of the Building and Construction Law Journal includes the following articles: “Advocate, Judge and Arbitrator: Perspectives on Commercial Law” – The Honourable Murray Gleeson AC; and “‘Venial Faults’ and ‘Oppressive Retribution’: The Relationship Between Substantial Performance and Damages for Breach of Construction Contracts” – Nuwan Dias and James Claridge. Also in this Part is an Editorial; and Reports on the following cases: Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd; Maxcon Constructions Pty Ltd v Vadasz; and All Seasons Air Pty Ltd v Regal Consulting Services 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.
Building and Construction Law Journal update: Vol 33 Pt 5
The latest Part of the Building and Construction Law Journal includes the following article: “Incorporating Active Risk Management in Construction Contracts” – Kevin Pascoe. Also in this Part is an Editorial; and Reports on the following cases: CPB Contractors Pty Ltd v JKC Australia LNG Pty Ltd (No 2); and Torbey Investments Corporated Pty Ltd v Ferrara.
Building and Construction Law Journal update: Vol 33 Pt 4
The latest Part of the Building and Construction Law Journal includes the following articles: “Fit for Purpose or Due Skill and Care?” – Dr Donald E Charrett; and “The Test for Complexity under the West Coast Model of Adjudication” – Gordon Smith. Also in this Part is an Editorial: “The Role of Lawyers in Improving Productivity in the Construction Industry” by Michael Christie SC; and the following case Reports: Lipman Pty Ltd v Empire Facades Pty Ltd; and Wesiak v D&R Constructions (Aust) Pty Ltd.
Building and Construction Law Journal update: Vol 33 Pt 3
The latest Part of the Building and Construction Law Journal includes the following article: “Horses for Courses: Assignment of Building Warranties to Subsequent Owners” – Jeremy Parsons. Also in this Part is an Editorial: “Standard Form Construction Contracts and Adhesion Contracts” by Michael Christie SC; and the following case Reports: Southern Han Breakfast Point Pty Ltd (in liq) v Lewence Construction Pty Ltd; and Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2).
Building and Construction Law Journal update: Vol 33 Pt 2
The latest Part of the Building and Construction Law Journal includes the following articles: “Alliancing in Australia: Commercial Advantage at the Expense of Legal Certainty?” – Andrew Stephenson and Brendan Molck; “Global Claim – Global Confusion?” – Andrew D Archer. Also in this Part is an Editorial; and a Report on the following case: Façade Treatment Engineering Pty Ltd (in liq) v Brookfield Multiplex Constructions Pty Ltd.
Building and Construction Law Journal update: Vol 33 Pt 1
The latest Part of the Building and Construction Law Journal includes the following articles: “The Limits of Limitation Clauses” – Julian Bailey; “Good Faith in the AS11000: Has the Eagle Landed?” – Alexander Di Stefano. Also in this Part is an Editorial; and the following case Reports: Simic v New South Wales Land & Housing Corporation [2016] HCA 47; and Laing O’Rourke Australia Construction Pty Ltd v Samsung C&T Corporation [2016] WASCA 130.
Building and Construction Law Journal update: December 2016
The latest Part of the Building and Construction Law Journal includes the following article: “Expert Determination – The Peter Pan of ADR? Challenges to the Expert Determination Process and Practical Insights for Its Use” – Leigh Duthie. Also in this Part is an Editorial; and the following case Reports: RCR O’Donnell Griffin Pty Ltd v Forge Group Power Pty Ltd (Receivers and Managers Appointed) (in liq) & Ors [2016] QCA 214; and The Owners – Strata Plan No 77475 v Walker Group Constructions Pty Ltd & Anor [2016] NSWSC 1127.
Forever young? Expert determination in the construction industry
In the context of a range of available models competing with each other as alternatives to litigation for resolving commercial disputes in the construction industry – driven in part by court-led demand for expedition in litigation – Leigh Duthie in the Building and Construction Law Journal (Vol 32 No 6) considers the future of expert ...more
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