by Virginia Bonanni | Aug 23, 2023 | Adjudication, Arbitration, Building, Construction
By Kate Holland In our December 2022 issue of BuildLaw, we reported on a case in the English High Court[1] about an unusual alternative dispute resolution (ADR) procedure in a construction contract that was held to be too uncertain to be an enforceable condition...
by Virginia Bonanni | Jul 30, 2023 | Arbitration, Building, Mediation
By Richard Pidgeon The lawyers who acted for the body corporate and most unit owners in settling the Spencer on Byron’s leaky building claim have been successfully sued by the body corporate in Body Corporate 207624 v Grimshaw & Co [2023] NZHC 979. The body...
by Virginia Bonanni | May 17, 2023 | Adjudication, Arbitration, Building, Construction, Contract law
By Kate Holland The UK Supreme Court has ruled that the London Tate Modern’s public viewing gallery overlooking the luxury glass-walled apartments nearby, is a visual intrusion amounting to the tort of nuisance. The decision in has attracted criticism for prioritising...
by Virginia Bonanni | May 4, 2023 | Adjudication, Arbitration, Building, Construction
By Maria Cole If you have a commercial contract in Australia, it’s probably governed by Australian law, which includes the proportionate liability regime.[1] Broadly, proportionate liability means if there are multiple parties to a contract and things go wrong, a...
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 | Sep 3, 2021 | Adjudication, Arbitration, Building, Construction, Contract law, Payment claims
By Melissa Perkin. The recent High Court decision in Hellaby Resources Services Limited v Body Corporate 197281 [2021] NZHC 554 is of particular interest in the construction sector for several key reasons: it is a rare example where a stay of enforcement of summary...
by Virginia Bonanni | Jul 14, 2021 | Arbitration, Building, Construction
By Maria Cole. A recent decision of the Singapore High Court shone a spotlight on indemnity costs and when they will, and won’t, be granted following the unsuccessful challenge of an arbitral award. The decision highlighted the opposite principles in place between...
by Virginia Bonanni | Apr 11, 2021 | Adjudication, Arbitration, Building, Construction
By Belinda Green. Experts may look to amend their terms of engagement, as the English Court of Appeal finds a conflict of interest clause applied to a global brand, despite involving separate experts in different locations, contracting via separate legal entities....
by Virginia Bonanni | Apr 8, 2021 | Adjudication, Arbitration, Building, Construction
By Maria Cole. The New South Wales Court of Appeal confirms statutory warranties can expand a scope of works, but the bargain that has been agreed to still holds sway. Oikos Constructions Pty Limited v Ostin [2020] NSWCA 358 (Oikos Constructions) In Oikos...
by Catherine Green | Apr 22, 2019 | Arbitration
What is a cross lease? A cross lease is where a number of people own an undivided share in a piece of land and the homes that they build on the land are leased from the other land-owners (normally for a term of 999 years). The houses are usually flats or townhouses....
