Construction

EnerMech Pty Ltd v Acciona Infrastructure Projects Australia Pty Ltd NSWCA 162 In EnerMech Pty Ltd v Acciona Infrastructure Projects Australia Pty Ltd   NSWCA 162, the New South Wales Court of Appeal ruled in a way that permits payment claims to seek payment not specifically “for construction work”. The…

Not an exhaustive remedy for a delay This article discusses the impact of the statutory warranties under section 18B of the Home Building Act 1989 (NSW) (HBA) on liquidated damages under a construction contract. Introduction Generally, liquidated pre-ascertained damages are an express agreement between the parties of the genuine pre-estimate…

If you have ever litigated, you may have received a Calderbank Offer.  The Calderbank Offer may have prompted you to question whether a bad settlement is better than pursuing a costly trial and the risks of losing the case and paying costs on an indemnity basis. The judgment in Metricon…

What are the Australian Standard contracts? The Australian Standard contracts are a set of construction contracts in standard form developed by a not-for-profit organisation called Standard Australia. The Australian Standard contracts are widely used in the Australian construction industry. What is a government contract and what is the GC21? Government…

Many parties to construction contracts are unaware that NSW courts often imply a duty to act in good faith in construction contracts. Although a duty to act in good faith may be included expressly, parties need to be aware of how and when a duty to act in good faith…