Construction



Meet the Co-chairs - TAGLAW


Rintoul, David
Clarkslegal LLP
drintoul@clarkslegal.com


Mead, Patrick
Carter Newell
pmead@carternewell.com


Construction


Contact: Patrick Mead; Carter Newell (Queensland, Australia)

In the first of the March 2014 editions of Constructive Notes, the writer observed that oftentimes exclusion of liability clauses and liability caps are mechanisms which operate in tandem with provisions in relation to Liquidated Damages (which are not considered to be exclusory, operating in theory for the benefit of both parties to the contract) to create a finely balanced risk regime.

Read more: Liquidated Damages: A Sole Remedy for Delay?


Contact: Mark Kenney; Carter Newell (Queensland, Australia)

In an article in the first of the March 2014 editions of Constructive Notes, consideration was given to the operation of exclusory or limiting provisions directed to economic, indirect or consequential loss. We have all seen simple clauses in contracts to the effect of 'neither party is liable to the other for any consequential or indirect loss'

Read more: Excluding Consequential Loss – Do You Really Know What You Are Not Getting?


Contact: Patrick Mead; Carter Newell (Queensland, Australia)

Carter Newell has recently been involved with issues relating to the treatment of the emerging risk to revenue of projects under construction, by way of the risk transference mechanism of DSU insurance cover.

Read more: Dealing with Emerging Risks – DSU Insurance


Contact: David Rodighiero and Kyle Trattler; Carter Newell (Queensland, Australia)

J & D Rigging Pty Ltd v Agripower Australia Ltd & Ors [2013] QCA 406

On 20 December 2013, the Queensland Court of Appeal (1) overturned a controversial decision in J & D Rigging Pty Ltd v Agripower Australia Ltd & Ors (Agripower decision).

Read more: The Queensland Court of Appeal Overturns Decision of Agripower Applying Ordinary Meaning of the...


Contact: Patrick Mead; Carter Newell (Queensland, Australia)

There is a distinction between an exclusion clause, the effect of which is to either absolve a party for the consequences of a breach of contract or duty or to define substantively the limit of the duty by negating obligations that the law would otherwise impose, and a liability cap, the purpose of which is to limit a party's exposure up to a pre-determined amount or percentage of contract value.

Read more: Exploring Limitations of Liability and Exclusions of Categories of Loss