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 Design and Building Practitioners Act provides that a person who carries out ‘construction work’ has a duty to exercise reasonable care to avoid economic loss caused by defects in, or related to, a building for which the work was done. The article can be downloaded hereRead More
This article has been published as Chan, Two vexed issues in arbitration — The joinder of third parties and the arbitrability of indemnity issues — (2021) 31 ILJ 85. It looks at the approach of Australian courts to the extended definition of ‘party’ contained in the International Arbitration Act 1974 (Cth) and the domestic Commercial Arbitration...Read More
Confidence in the New South Wales (NSW) residential apartment building market following the highly publicised structural failures in the Opal Tower and Mascot Tower is at an all-time low. However, even prior to these two highly publicised failures, there had been a “cladding crisis” in Australia following the Lacrosse building fire in Melbourne in November...Read More
Australia and most of the world have a poor track record in delivering major infrastructure projects on time and on budget. 1 With infrastructure projects expected to be a key aspect of the economic recovery following the COVlD-19 pandemic, 2 the need to adopt a different project delivery model is more pressing than ever. Prior...Read More
Mann v Paterson Constructions Pty Ltd was the first time that the High Court considered the issue of whether a claim in restitution for reasonable remuneration (quantum meruit) is available when a building contract is discharged following a repudiation. In Australia, intermediate appellate courts for the last three decades had determined that an innocent party...Read More
In Icon Co (NSW) Pty Ltd v Liberty Mutual Insurance Company Australian Branch (t/as Liberty Specialty Markets), 1 Icon sought declarations from the first respondent (Liberty), its contract works and third party liability insurer, and the second respondent (QBE), its product liability insurer that it was entitled to indemnity under the two policies of insurance....Read More
I understand from Kerrie that the flyer for tonight has 2 topics of discussion. I have chosen to talk about confidentiality in special projects. By that I mean the construction of prisons, military bases, military installations, nuclear power stations and even terrorist training camps and any other projects where security, whether national or otherwise, is...Read More
Construction projects are inherently risky in terms of cost, time and quality. Part of the risk is managed by insurance. This article identifies the types of insurance that are typically available on construction projects and focuses upon Contractors All Risks Insurance and Professional Indemnity Insurance only. Both are forms of liability policies. Some of the...Read More
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...Read More
