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7 September, 2023

Always Presume Design Liability

New trends increasing a contractor’s liability – AS4902 Last year we published an article explaining a recent trend concerning the imposition of design liability on contractors through buildability clauses in construct only contracts. In this article we examine another trend concerning increased design liability exposure to contractors’ in design &…
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…
3 January, 2023

New NSW Government Commercial Principles

  On 1 September 2022, the NSW Government published its “Commercial principles on escalation risk for infrastructure projects” (Commercial Principles) to guide contractors and government agencies through the current inflationary environment. The Commercial Principles recognise cost escalation as a foreseeable risk that can be managed. These are intended as a…
4 November, 2022

The doctrine of frustration in land contracts

The Doctrine of Frustration Frustration operates to bring a contract to an end in circumstances where an intervening, post-contract event has occurred through no fault of the parties, which makes a contractual obligation impossible to perform or transforms a contractual obligation into a fundamentally different obligation. Frustration in contract generally and…