Articles

Divya Chaddha

Posted Jun 28, 2017 No liquidated damages does not necessarily mean “no damages”
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When drafting, negotiating or reviewing standard form contracts, some parties (usually the contractor or sub-contractor) often prefer to set the applicable liquidated damages amount at ‘Nil’, ‘zero’ or ‘N/A’, assuming that this will exclude any damages being claimed in the event of late completion of work. Various legal cases in Australia have dealt with the […]

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Posted Dec 02, 2015 Home Warranty Insurance and Bankrupt Builders

Kreisson acted for the owners in the recent case of The Owners – Strata Plan 80647 v WFI Insurance Limited t/as Lumley Insurance [2015] NSWSC 1161. The case involved a dispute over whether an insurer was required to indemnify the owners where a builder had been discharged from bankruptcy. The Facts In December 2013, the […]

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Posted Aug 28, 2015 Can you bank on it?

The question of whether a Principal has the right to call on a contractor’s bank guarantee for failure to perform was recently considered in the Court of Appeal of Victoria. Initially, the Supreme Court rejected the entitlement of the Principal to call on bank guarantees based on a strict construction of the contract. This position […]

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