by Virginia Bonanni | Apr 7, 2022 | Building
Jo O’Dea In the recent Australian case of Gemcan Constructions Pty Ltd v Westbourne Grammar School [2022] VSC 6, the Supreme Court of Victoria considered a number of issues concerning a construction payment dispute between the parties. Technically this case was the...
by Virginia Bonanni | Apr 7, 2022 | Adjudication, Arbitration, Building, Construction, Contract law
By Sam Dorne Liability in tort depends upon proof of a personal breach of duty, with one true exception, vicarious liability. The law of negligence is generally fault based; a defendant is personally liable only for the defendant’s own negligent acts and omissions....
by Virginia Bonanni | Apr 7, 2022 | Adjudication, Arbitration, Building, Construction, Contract law
By Sam Dorne The decision in Hirst v Dunbar [2022] EWHC 41 (TCC) considers the impact of payment provisions in a construction contract, whether through contract or implied terms, and the commencement of the limitation period for payment claims under the contract. It...
by Virginia Bonanni | Apr 7, 2022 | Adjudication, Building, Construction
By Jo O’Dea In an extension of time claim, blame for the delay was a relevant consideration when assessing what was “fair and reasonable”. In CAJ v CAI [2021] 5 GCA 102, the Singapore Court of Appeal considered the issue of extensions of time in...
by Virginia Bonanni | Apr 5, 2022 | Building
By Belinda Green Failure to follow a simple construction contract procedure resulted in a hollow dispute outcome for all in Cairns Building and Construction v Kaminaras. This Queensland case reminds us that contractual processes are not just put there by lawyers to...
