Skip to main content
Category

Construction

Superintendent: An Agent Or Independent Of The Principal? ConstructionDevelopment
16 May, 2023

Superintendent: An Agent Or Independent Of The Principal?

Case Note on V601 v Probuild VSC 849 Background This case concerns a development of five separate buildings comprising commercial suites and residential apartments. V601 was the developer. V601 engaged Probuild to design and construct the project under an amended contract form of AS4902-2000 (Contract). Issues The issues concerned time-related…
Victoria Caldwell
Proving Causation Against Third Party Professionals In The Building Industry Construction
19 April, 2023

Proving Causation Against Third Party Professionals In The Building Industry

The case of Mistrina Pty Ltd v Australian Consulting Engineers Pty Ltd NSWCA 223 (Mistrina) considers the current state of the law with regard to proving causation where a party claims loss against a third party based on allegations of misleading and deceptive conduct. In the building and construction industry, the…
Victoria Caldwell
Application of Limitation Periods to the Statutory Duty of Care under the Design and Building Practitioners Act ConstructionProperty & Projects
12 April, 2023

Application of Limitation Periods to the Statutory Duty of Care under the Design and Building Practitioners Act

The introduction of the Design and Building Practitioners Act (DBPA) represents a tremendous reform for the construction industry. The duty of care imposed by section 37 has the potential to impact both businesses and individuals significantly. Industry stakeholders should be aware of the limitation periods applying to this duty. Relevant…
Victoria Caldwell
An Adjudicator’s Power to Request Further Submissions ConstructionSecurity of Payments
23 March, 2023

An Adjudicator’s Power to Request Further Submissions

Pursuant to section 21(4) of Building and Construction Industry Security of Payment Act 1999 No 46 (NSW)(SOPA), adjudicators have powers to request further submission from either party provided that the other party has an opportunity to reply. Adjudicators can exercise this power any time after an initial submission has been…
Victoria Caldwell