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...Read More
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...Read More
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...Read More
Mediation, Adjudication and Arbitration – What gets the job done? from Laina Powerpoint for the talks presented at the Thomsen Reuters Building and Construction Law Conference in Sydney and Brisbane in November 2018 on Alternative Dispute Resolution in Construction Project may be viewed here as well.Read More
Doing deals and avoiding squeals from Laina Powerpoint for talk presented in Chicago at the 2018 International Society of Construction Law conference on Doing Deals and Avoiding Squeals, the successful delivery of infrastructure projects may be viewed here as well.Read More
Powerpoint to accompany the first of a series of chatz between Ian Bailey SC and Laina, the video may be viewed at https://youtu.be/TVVSSbLUm0gRead More
