by Virginia Bonanni | Aug 31, 2022 | Adjudication, Building, Construction
By Adrian Sharma Leakage issues in a building can be a real dampener. A recent decision of the Queensland Civil and Administrative Tribunal (the Tribunal) which considered conflicting expert evidence on water ingress issues in a newly built property highlighted the...
by Virginia Bonanni | Aug 24, 2022 | Adjudication, Building, Construction, Contract law
By Maria Cole It’s only in rare circumstances that the courts will interfere with the decision of an adjudicator on a construction contract. A recent decision out of the English Technology and Construction Court (TCC) considered arguments that an adjudicator acted in...
by Virginia Bonanni | Aug 5, 2022 | Building
By Belinda Green. The Supreme Court has confirmed that you can’t cancel a contract for failure to satisfy a condition if your own behaviour had a material effect on the failure to satisfy. We talk more about the Court’s decision in Melco Property Holdings (NZ)...
by Virginia Bonanni | Aug 5, 2022 | Adjudication, Building, Construction, Contract law
By Belinda Green. We’ve known for a long time that a party can’t rely on a failure to satisfy a condition if the condition failed to satisfy because of their action. But we never really had an explanation of how bad that “failure” had to be until now. In its...
