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Laina
In 2003 the NSW RTA awarded Lane Cove Tunnel Company (LCTC) the contract to plan, design, construct, operate and to maintain the Motorway for a period of 33 years with URS Australia in the role of Independent Verifier (IV). LCTC contracted with the Thiess John Holland Joint Venture (TJH) to plan, design, construct and commission...
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In Globe Church Inc v Allianz Australia Insurance Ltd, the New South Wales Court of Appeal construed an Industrial Special Risks Insurance Policy (Policy) to determine when the cause of action for breach of contract had accrued. Globe Church, the insured, had suffered property damage due to rainwater and flooding from 8 June 2007. The...
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In Delta Pty Ltd v Mechanical and Construction Insurance Pty Ltd, Queensland Investment Corp had contracted with Delta to undertake some excavation work in preparation for the construction of a high-rise building. Delta had subcontracted the installation of rock anchors for four retaining walls to Team Rock Anchors Pty Ltd (TRA). The work of TRA...
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The practice has arisen in bespoke contracts for infrastructure projects for contractors to provide extended warranties for the works.   Such warranties can be staggered depending upon the element that the warranty is being provided for and are particular to bespoke contracts. While such clauses have been included in these contracts for presumably appropriate consideration, there...
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The majority of matters that are arbitrated in the international arena are construction dis-putes involving claims for damages for breach of contract. The primary reasons for the increas-ing popularity of arbitration are flexibility, expertise on the arbitral panel, and the attraction of the assumed ease of enforcement in countries that are parties to the New...
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This article will trace the evolution of the common law concept of caveat emptor where a vendor only had to disclose latent defects in title whether or not known to the vendor, to the constraints now placed on vendors via their obligations pursuant to s 52A of the Conveyancing Act 1919 (NSW) and s 18 of the Australian...
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A study on the difficulties that face the enforcement of foreign arbitral awards in the Asia Pacific, namely in Singapore, Indonesia and Hong Kong. The article can be downloaded here
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‘that uncertainty that appears necessarily to affect this area of the law if entitlement to damages is to depend upon [a] case-by-case application of a general policy, itself inflexible and ill-defined and dependent upon a survey of a quite variable group of considerations, many of which will be susceptible of the production of differing, subjective...
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Recent Developments in Pure Economic Loss (27/11/2013) – See also the chapter on professional liability in Bailey, Construction Law in Australia, Thomsen Reuters, 4th edition. In The Owners – Strata Plan No 61288 v Brookfield Australia Investments Ltd [2013] NSWCA 317 (the Brookfield case), developers had contracted with the builder to design and construct a 22 storey building consisting of both...
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The NSW Court of Appeal’s recent decision in Malago Pty Ltd v AW Ellis Engineering Pty Ltd [2012] NSWCA 227 has once again demonstrated the willingness of courts to give effect to commercial contracts and its reluctance to hold commercial contracts void for uncertainty. The issue in the case was whether the Heads of Agreement entered into...
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