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The latest issue of the Building and Construction Law Journal<\/em> (Volume 36 Part 4) contains the following material:<\/p>\n EDITORIAL<\/a> \u00e2\u20ac\u201c Editor: Michael Christie SC<\/em><\/p>\n BOOK REVIEW<\/a><\/p>\n Is It Time for an Express Term of Good Faith in Australian Construction Contracts?<\/strong><\/em><\/a> \u00e2\u20ac\u201c Joseph Biagio Xuereb<\/p>\n Standards Australia was set to release the long-awaited AS11000: General Conditions of Contract as a replacement to the AS2124:1992 and AS4000:1997 suites. Among a host of proposed amendments, AS11000 introduced an express term requiring parties to act in good faith. The inclusion of this overarching obligation aligned with modern approaches to dispute avoidance and management ingrained in relational contracting theory. Ultimately, Standards Australia did not proceed with finalising and publishing AS11000 due to a lack of support \u00e2\u20ac\u0153by the full spectrum of interests\u00e2\u20ac\u009d from stakeholders within the industry. This article investigates what constitutes global best practice when it comes to express clauses requiring contracting parties to act in good faith and makes recommendations for the reform of Australian standard form construction contracts.<\/p>\n No-reliance Clauses: Are They Effective at Limiting a Principal\u00e2\u20ac\u2122s Liability for Misleading or Deceptive Conduct?<\/strong><\/em><\/a> \u00e2\u20ac\u201c Eileen Yang<\/p>\n The Australian Consumer Law\u00e2\u20ac\u2122s (ACL) prohibition against misleading or deceptive conduct is meant to operate universally in the realm of trade and commerce. Contractual devices which purport to exclude liability for misleading or deceptive conduct from a transaction, such as \u00e2\u20ac\u0153no-reliance\u00e2\u20ac\u009d clauses, undermine this important cornerstone of commercial law. This article asks whether, and to what extent, such clauses are enforceable. It surveys the existing case law on this issue, which reveals the courts’ increasing reluctance to enforce such clauses for public policy reasons. The analysis is framed through the lens of construction contracting, and focuses on the particular mechanisms used to exclude or limit liability for misleading or deceptive conduct in that context. The article concludes by attacking no-reliance clauses from two angles: first, that no-reliance clauses cannot effectively operate to sever the causal nexus between a representation and reliance; second, that such clauses impermissibly curtail the ACL\u00e2\u20ac\u2122s remedial and protective purpose.<\/p>\n REPORTS<\/p>\n For the PDF version of the table of contents, click here: BCL Vol 36 No 4 Contents<\/a>.<\/p>\n\n
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