In the dynamic and often contentious world of construction projects, disputes are an unfortunate but frequent occurrence. Diverging interests, budget constraints, and unforeseen complications can lead to disagreements between parties that, if not effectively resolved, can escalate into costly and time-consuming litigation.  This is where negotiation—the art of finding mutually agreeable solutions through communication and...Read More

The construction industry is no stranger to conflicts and disagreements. With multiple stakeholders working on intricate projects, disputes can emerge from misunderstandings, changes in work scope, project delays, and countless other factors. When such issues arise, traditional litigation may not always be the best course of action, as it can be a complex, time-consuming, and...Read More

In the highly specialised realm of construction law, disputes can arise for a plethora of reasons, including disagreements over contracts, payment schedules, project delays, or differing expectations surrounding quality and performance. Such disputes have the potential to derail projects, sour relationships, and cost stakeholders significant amounts of time and money. For these reasons, it’s essential...Read More

Disagreements and disputes are not uncommon in the construction industry, arising from issues such as contractual disagreements, project delays, or cost overruns. Resolving these conflicts efficiently and amicably is crucial in reducing financial risks, maintaining strong business relationships, and ensuring project continuity. Professional negotiators, such as Laina Chan, a Barrister specialising in construction law and...Read More

To effectively employ alternative dispute resolution (ADR) in construction disputes, one must first become familiar with the diverse landscape of ADR techniques. The most common methods applied in construction conflicts are mediation, arbitration, and expert determination. Each method has its unique characteristics, advantages, and limitations. Choosing the most appropriate ADR technique for your specific situation...Read More

Property law plays a crucial role in the development and construction process, with its myriad of requirements, procedures, and regulations essential for any project to be executed and completed successfully. Laina Chan, a barrister specialising in property law and construction matters, champions the importance of clear understanding and compliance with property law to ensure a...Read More

In Avant Insurance Ltd v Burnie, the court made it clear that the combined effect of ss 40 and 54 of the Insurance Contracts Act 1984 (Cth) (the Act) does not operate to convert a claims made and notified policy into a discovery policy. The article can be downloaded hereRead More

In Xu v IAG New Zealand Ltd (Xu), the New Zealand Supreme Court considered whether the principle in Bryant v Primary Industries Insurance Co Ltd (Bryant) that a replacement benefit may not be assigned where the insured does not restore the property ought to be overturned. The article can be downloaded hereRead More

The Full Federal Court in Star Entertainment Group Ltd v Chubb Insurance Australia Ltd and LCA Marrickville Pty Ltd v Swiss International SE (COVID BI Test Cases) have conveniently set out statements of principles in relation to the construction of insurance contracts as well as proximate cause and causation. The article can be downloaded hereRead More

In Certain Underwriters at Lloyd’s of London v Dural 24/7 Pty Ltd, the underlying issue was whether the policy underwritten by Certain Underwriters at Lloyd’s of London (the Policy) covered business interruption caused by the COVID-19 pandemic. The article can be downloaded hereRead More