Contract formation, implied terms, contractual interpretation, damages, duties of care – these are all areas of the common law whose development has been influenced by construction law cases. In some of these cases the eminent British jurist, Lord Dyson, former Master of the Rolls, had a front row seat. In his 2015 Keating Lecture he ...more
The latest Part of the Building and Construction Law Journal includes the following: Topic of Interest: “Standard forms of contract in the Australian construction industry: How are they being used?” – John Sharkey AM, Matthew Bell and Wayne Jocic; Article: “Kratos unbound? The new IAMA Arbitration Rules” – Reece Allen and Roger Quick; and Reports for the following cases: Romaldi Constructions Pty Ltd v Adelaide Interior Linings Pty Ltd (No 2); Metier 3 Pty Ltd v Enwerd Pty Ltd; Beyfield Pty Ltd v Northbuild Construction Sunshine Coast Pty Ltd; and Alliance Contracting Pty Ltd v James.
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 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).