February 2023

Construction

23 February, 2023

Recovering Damages When a Contractor is Terminated

Case note - Heavy Plant Leasing Pty Ltd (in liquidation) v McConnell Dowell Constructors (Aust) Pty Ltd (No2) When a contractor has failed to complete their contracted works and is terminated, the principal will have to engage another contractor to finish the job and then claim the costs to complete…

Victoria Caldwell

Commercial Construction

17 February, 2023

Unfair Contract Terms Will Affect Building Contracts

Back in November 2022, the Commonwealth Government passed the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) to broaden the scope of existing unfair contract terms (UCT) regime. The new UCT regime expands coverage to small businesses from having fewer than 20 employees to up to 100…

Victoria Caldwell

Construction

14 February, 2023

Duty Of Care, Where Does It Stop?

A Case Note on Roberts v Goodwin Street Developments Pty Ltd NSWCA 5 Extension of the Duty of Care under DBPA The Supreme Court in Goodwin held that the coverage of duty of care under section 37(1) of the Design and Building Practitioners Act 2020 (NSW) (DBPA) extends beyond residential…

Victoria Caldwell

Commercial Construction

8 February, 2023

Do Costs Always Follow The Event?

Introduction Costs in litigation can be as complicated as the substantive dispute. There are various types of costs orders that the Court may make and the legal principles behind each costs order. These are each well worth a detailed discussion in their own right. The general rule as to…

Victoria Caldwell

Recovering Damages When a Contractor is Terminated

Unfair Contract Terms Will Affect Building Contracts

Duty Of Care, Where Does It Stop?

Do Costs Always Follow The Event?

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