Contracts

On 22 September 2021, a magnitude 5.9 earthquake struck Victoria. Undoubtedly, this led many construction managers in Melbourne to review their contracts to assess who bears the risk for any damage caused. Ordinarily, Contractors carry the risk for all loss or damage which occurs during the works whilst they are…

A recent decision of the New South Wales Supreme Court in CPB Contractors Pty Ltd v DEAL S.R.L. NSWSC 820 confirmed the pro-arbitration approach of the Supreme Court and examined interesting issues concerning: the breadth of the kompetenz-kompetenz principle, and whether the Court or an arbitrator should determine if a…

On 29 May 2020, the New South Wales Court of Appeal (Court of Appeal) handed down its decision in C&V Engineering Pty Ltd v Hamilton & Marino Builders Pty Ltd NSWCA 103. The case deals with a common dispute in construction supply contracts: whether the contract is a ‘schedule of…

The Building and Design Practitioners Act 2020 (NSW) (Act) has commenced. The Act is part of the wider suite of reforms the NSW Government is introducing following recommendations made in the 2018 Shergold and Weir Building Confidence Report. Duty of care on builders The Act creates a statutory duty of care on…