Articles

Posted Oct 07, 2021 DECENNIAL LIABILITY INSURANCE; BLOCKCHAIN AND INDUSTRY RATINGS – PROPOSED REFORMS TO ADDRESS BUIDING DEFECTS
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INTRODUCTION As part of a series of reforms to the residential building sector; the NSW Government is considering the introduction of a Decennial Liability Insurance defects scheme to protect apartment owners ten years after the completion of buildings. This is in addition to other data-based initiatives by the NSW government utilising blockchain and industry ratings…

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Posted Sep 29, 2021 When Does A Contract Become Binding?
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Written by Emilee Clark The starting point to determine whether a contract is binding is to establish whether there is a common consensus between the parties to create a binding contractual relationship. However, the expression of an intent to create a legally binding relationship is not always found in the form of a formal written…

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Posted Sep 21, 2021 The Prevention Principle and Liquidated Damages
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Summary The effect of the Prevention Principle is that a “principal” (that is, an owner / developer / contractor) cannot enforce liquidated damages upon its contractor if it is responsible for its contractor’s delay. As most parties to construction and infrastructure contracts would be aware, liquidated damages are a predetermined amount payable by a contractor/subcontractor…

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Posted Aug 10, 2021 Badly written contracts
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Badly written contracts often lead to very expensive Court disputes. In one recent case, Pittmore Pty Ltd v Chan, the parties in dispute had entered into a joint venture to build 24 apartments across 2 adjoining properties at Willoughby. A  joint venture deed was prepared by lawyers to say that it was subject to and…

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Posted Aug 04, 2021 A “modern touch” approach to the prevention principle and liquidated damages
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Growthbuilt Pty Ltd v Modern Touch Marble & Granite Pty Ltd [2021] NSWSC 290 On 26 March 2021, the Supreme Court of New South Wales gave judgment about a contract dispute between the contractor (Growthbuilt) and a subcontractor (Modern Touch Marble & Granite Pty Ltd) (Modern) arising from delays in relation to four subcontracts. Growthbuilt…

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