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The latest issue of the Building and Construction Law Journal (Volume 40 Part 5) contains the following material:

EDITORIAL

Articles

Proportionate Liability in Construction Disputes: The Gold Standard or a False Start? – Andrew McNeill

Over two decades after the enactment of uniform proportionate liability legislation, the High Court continues to grapple with questions regarding its application. In two highly contested decisions, Tesseract and Pafburn, the High Court has developed proportionate liability law with far-reaching implications for the resolution of construction disputes. This article explores the significant ambiguities arising from these decisions, particularly in the interaction between common law claims and statutory duties, and the possibility of contracting out of proportionate liability through dispute resolution clauses. This article also assesses the practical consequences of these uncertainties for construction projects, with a focus on how they complicate dispute resolution processes, especially arbitration, and explores whether alternative choices of law in arbitration could circumvent this prohibition or are contrary to the public policy of the regime.

REPORTS

For the PDF version of the table of contents, click here: New Westlaw Australia – BCL Vol 40 No 5 Contents

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