February 2022 - Building Disputes Tribunal

Laying the foundations: tips on how to mediate high-profile construction disputes

by Virginia Bonanni | Feb 26, 2022 | Building

By Hannah Aziz Top tips for mediating high-profile construction disputes: Tip 1: Fail to prepare, prepare to fail As with any legal dispute, preparation is key. There will likely be additional, external pressures in high-profile disputes, including publicity...

Testing the waters: New South Wales Supreme Court considers the prevention principle

by Virginia Bonanni | Feb 25, 2022 | Adjudication, Building, Construction, Contract law

By Hannah Aziz Court provides further confirmation that the prevention principle can be excluded by the terms of a contract. Introduction Following our recent commentary comparing the operation of the prevention principle in New South Wales and Victoria, the...

Construction contract or product warranty? Not all collateral warranty disputes can be adjudicated

by Virginia Bonanni | Feb 15, 2022 | Adjudication, Building, Construction, Payment claims

By Belinda Green Collateral warranties might be parasitic on a construction contract, but that doesn’t automatically mean they are one. The individual wording and circumstances need to be considered. In some cases, like in Toppan Holdings Limited v Simply Construction...