Construction



Meet the Co-chairs - TAGLAW


Rintoul, David
Clarkslegal LLP
drintoul@clarkslegal.com


Mead, Patrick
Carter Newell
pmead@carternewell.com


Construction


Contact: David Rodighiero, Partner and Michael Elliott, Associate

The recent Supreme Court of Queensland decision of Grocon Constructors (Qld) Pty Ltd v Juniper Developer No. 2 Pty Ltd [2015] QSC 102 provides new authority on whether liquidated damages clauses constitute unenforceable penalties in construction contracts.

Read more: Liquidated damages - are they always enforceable?


Contact: David Rodighiero, Partner and Michael Elliott, Associate 

The recent decision of the Supreme Court of Western Australia in Laing O’Rourke Australia Construction Pty Ltd v Samsung C & T Corporation has provided some helpful insight on the willingness of the courts to quash determinations of adjudicators made under the Construction Contracts Act 2004 (WA) (Act). In most state jurisdictions, applicants applying to have an adjudicator’s determination quashed, will be tasked with the onerous exercise of establishing that:

  • The decision was made as a result of jurisdictional error;
  • There has been a denial of natural justice;
  • The decision was given in bad faith;
  • The decision was procured by fraud; or
  • The decision was one which the adjudicator had no power to make.

To read the full article click here, or visit www.carternewell.com.


Contact: David Rodighiero, Partner and Mark Kenney, Special Counsel

The Supreme Court of Queensland recently handed down a decision that further clarifies the licensing requirements necessary for engineers and electrical contractors to make a claim for payment under the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA). This decision highlights the importance of having an appropriate licence when carrying out construction work.

To read the full article click here, or visit www.carternewell.com.


Contract Works and Contractor’s All Risk Policies comprise a critical component of risk allocation under modern construction contracts. Recovery under these policies can provide fertile ground for dispute, particularly when property is allegedly damaged in consequence of defective workmanship, material or design.

 

To read the full article click here, or visit www.carternewell.com.


Contact: Gordon S. Woodward;  Schnader Harrison Segal & Lewis LLP (Delaware & Pennsylvania, USA)

The American Arbitration Association (AAA) implemented new Construction Industry Arbitration Rules this past summer. The changes eliminate certain gaps or ambiguities in the old rules, create some additional tools with which arbitrators can manage claims, and on balance, should make arbitration a more attractive forum for the resolution of construction disputes.

Please click here to read the full Alert.