Meet the Co-chairs - TAGLAW
With the New Year round the corner, we look ahead to 2017 and pick out four of the key themes we expect to be reading and writing about, with a recap on where we are now.
JCT have just updated their Intermediate suite of building contracts, to include easier payment and more flexible insurance provisions, following on previous updates to their Design and Build and Standard Building Contracts. Please let the specialist construction team at Clarkslegal know if you would like a summary guide on the key changes to these contracts, with further updates to the remaining JCT Contracts expected in 2017.
By: Luke Preston, Partner and Mark Kenney, Special Counsel
The Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 (Cth) (Act) makes important changes to the Australian Consumer Law (ACL) which will take effect from 12 November 2016.
The intention of the Act is to extend consumer protection provisions (which previously applied only to individual consumers) to small businesses. The amendments specifically apply to contracts for the supply of goods or services and therefore will impact on smaller construction-related contracts such as purchase orders, minor works, supply agreements, standing order arrangements and some subcontracts.
By: Luke Preston, Partner and Kyle Trattler, Senior Associate
Two recent decisions have clarified the circumstances in which a court will be bound to refer to arbitration a dispute pending before it, pursuant to s 8 of the Commercial Arbitration Act 2013 (Qld) and its interstate counterparts.
The two authorities of National Oil Well (UK) Ltd v Davy Offshore Ltd and Woodside Petroleum Development Pty Ltd v H & RE & W Pty Ltd are conflicting in relation to the effect of a ‘waiver of subrogation’ clause in a contractors’ all risk policy of insurance.
In the National Oilwell case, the English Court considered that the waiver clause was confined to claims for losses which are insured for the benefit of the party claimed against. However, in the Woodside Petroleum case, the Full Court of the Supreme Court of Western Australia, in declining to follow National Oilwell on the point, held that there was no basis for limiting the ambit of the waiver clause to the cover provided, ie the court rejected the argument that the waiver was commensurate with cover.