Construction

Last week, our team had the privilege of meeting with The Hon Scott Farlow MLC and Mr Tim James MP to discuss the upcoming review by the Public Accountability and Works Committee of the Design and Building Practitioners Act 2020 and the Residential Apartment Buildings (Compliance and Enforcement) Act 2020.…

The judgment in The Owners – Strata Plan 80867 v Da Silva NSWDC 263 provides a fresh reminder of some basic concepts in construction law that every industry participant should know, namely, oral variations are not allowed under residential building contracts and claims under section 37 of the Design and…

In line with the growing trend of artificial intelligence (AI) in contract review, Vincent Young has taken the initiative to explore several leading AI systems on the market. This article provides some insights into the strengths and weaknesses of AI systems, drawing from our own experiences. While Vincent Young acknowledges…

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…