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Welcome to our Knowledge Base, your destination for in-depth articles and resources relevant to dispute resolution. Our curated content covers everything from mediation and arbitration, to negotiation and conflict management. Explore our Knowledge Hub to stay informed and up-to-date.
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Labelling an image as an ‘artist impression’ was found not to give a developer artistic licence in a claim of misleading and deceptive conduct over an ‘off-the-plan’ premium apartment

Australian consumer protection law was given an outing in the Federal Court of Australia when a developer merely added the words ‘artist impression’ to...
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Fire risk – defective cladding litigation heats up

In England and Wales, the Technology and Construction Court in Martlet Homes Ltd v Mulalley & Co Ltd [2022] EWHC 1813 (TCC) (14 July...
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WA Supreme Court finds no implied licence to use home design plan

In a recent Australian case, the WA Supreme Court was unwilling to interpret a contract between a home builder and their client to imply...
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Overhaul coming to the regulation of engineers

The Ministry of Business, Innovation and Employment (MBIE) undertook a consultation in 2021 to reform the regulatory regime for engineers. The reforms will move...
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Expert “evidence” needs to be more than just bald assertions to win the day

Leakage issues in a building can be a real dampener. A recent decision of the Queensland Civil and Administrative Tribunal (the Tribunal) which...
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Adjudication

An adjudicator’s decision on a construction contract is definitely worth the paper it’s written on!

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...
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Deal or no deal? How to make the most of your conditional contract  

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...
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You break it you bought it: Supreme Court confirms you can’t cancel a contract for failure to satisfy a condition if your own behaviour had a material effect on the failure

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...
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Arbitration

And you think you may have problems with your construction contract?

In the recent Australian case of Gemcan Constructions Pty Ltd v Westbourne Grammar School [2022] VSC 6, the Supreme Court of Victoria considered a...
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Vicarious liability and subcontractors

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Limitation for payment claims under construction contracts

The decision in Hirst v Dunbar [2022] EWHC 41 (TCC) considers the impact of payment provisions in a construction contract, whether through...
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Extensions of time in construction contracts

In an extension of time claim, blame for the delay was a relevant consideration when assessing what was “fair and reasonable”.

In CAJ...
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Note: Please note that the information contained in this article is intended to provide a general guide to the subject matter and is not intended as legal advice. Specialist advice should be sought about your specific circumstances. The content may not reflect current legal developments and is subject to revision without notice.