Malago Pty Ltd v AW Ellis Engineering Pty Ltd
The latest Part of the Building and Construction Law Journal includes three interesting articles. The first article is by Brian Mason and discusses the constitutional validity of the arrangements for recovering unpaid security of payment adjudication determinations as a judgment debt. The second article comes from Rohan Havelock, who analyses the availability of liquidated damages following determination of the construction contract. The final article is by Michelle Backstrom and considers the binding nature of certificates in the context of traditional construction contract arrangements and also considers the implications for more complex contracts like those entered into to facilitate public private partnerships.