Articles

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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Posted Jul 28, 2021 COVID-19 GUIDANCE FOR NSW CONSTRUCTION SITES
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By John Hodgkinson The NSW Government hopes to lift the ban on construction work in Greater Sydney on 31 July.  It is pressing that the construction industry start re-mobilising to be able to work productively from that date. To keep workers safe, Infrastructure NSW in collaboration with SafeWork NSW and the construction industry has published…

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Posted Jul 28, 2021 BREAKING NEWS: “SNAP BACK” AFTER “SNAP BAN” FOR THE NSW CONSTRUCTION INDUSTRY ON 31 JULY 2021
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By John Hodgkinson On 19 July, the Minister for Health directed that work (other than for certain, limited purposes) cannot be carried out on any construction site in Greater Sydney.  He also directed that employees and others (such as subcontractors, design consultants and suppliers)  cannot enter a construction site.  The ban extended to demolition, excavation…

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