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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
“You’ve Been Served” – Or Have You? Electronic Service Under SOPA Construction
30 January, 2023

“You’ve Been Served” – Or Have You? Electronic Service Under SOPA

  The increasing integration of technology into the construction industry has brought on a range of new methods of delivery of information which have substantially replaced traditional post. The legal process of ‘service’ is no exception and has been the subject of dramatic change to account for technologies such as…
Victoria Caldwell