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The latest issue of the Building and Construction Law Journal (Volume 34 Part 2) contains the following material:


  • The Hudson Prize 2017 – Editor: Michael Christie SC


Advocate, Judge and Arbitrator: Perspectives on Commercial Law – The Honourable Murray Gleeson AC

New South Wales Bar Association: Commercial Law Section, Inaugural Bathurst Lecture: 3 May 2018.

“Venial Faults” and “Oppressive Retribution”: The Relationship Between Substantial Performance and Damages for Breach of Construction Contracts – Nuwan Dias and James Claridge

In assessing damages for breach of a construction contract, primacy is given to the plaintiff’s performance interest. Accordingly, damages reflecting the cost of rectification will be awarded unless the court considers that the proposed rectification work is neither “necessary” nor “reasonable”. The primary qualification of reasonableness is inherently impressionistic and open-textured. This article analyses the role played by the doctrine of substantial performance, and its underlying rationale, in the principles governing rectification damages. It is argued that, in many cases, the reasonableness of rectification damages can be assessed by asking whether the contractor has substantially performed its obligations. It is argued that by adopting this approach, the reasonableness qualification will be applied in a more structured and predictable manner.


For the PDF version of the table of contents, click here: BCL Vol 34 No 2 Contents.

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