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Results: 1-10 of 15

Wasted time: the pitfalls of missing deadlines under the Constructions Contracts Act 2004

  • Rockwell Olivier
  • -
  • Australia
  • -
  • May 20 2013

The Supreme Court of Western Australia has recently confirmed its position on the stringent time-constraints prescribed by the Construction Contracts

Commercial arbitration: a proportionate liability-free zone?

  • Clayton Utz
  • -
  • Australia
  • -
  • February 14 2013

This case clarifies the position that the proportionate liability regime does not, by force of the relevant legislation itself, apply to commercial

Will proportionate liability legislation apply to arbitrations?

  • Norton Rose Australia
  • -
  • Australia
  • -
  • January 31 2013

Will proportionate liability legislation apply to arbitrations? Not in Western Australia and probably not in any other jurisdiction in Australia

Possible changes to payment dispute resolution in construction contracts in Queensland

  • Herbert Smith Freehills LLP
  • -
  • Australia
  • -
  • January 30 2013

Outside of dispute resolution mechanisms provided for in individual contracts, payment disputes under construction contracts may also be resolved

Supreme Court overturns adjudication determination in Leighton v Arogen

  • Colin Biggers & Paisley
  • -
  • Australia
  • -
  • January 22 2013

In the recent decision of Leighton v Arogen 2012 NSWSC 1323, Justice McDougall of the Supreme Court of NSW quashed another adjudication

For those involved in the building and construction industry ... how to ensure you get paid ...

  • Turnbull Hill Lawyers
  • -
  • Australia
  • -
  • November 29 2012

The seasonally adjusted figures published last month by the Australian Bureau of Statistics (ABS) tell a story that most people in the construction industry are already familiar with: the total value of building work being carried out is continuing to decline

A high burden to displace an adjudicator’s decision

  • Norton Rose Fulbright LLP
  • -
  • Australia
  • -
  • October 9 2012

Section 46(3) of the Construction Contracts Act 2004 (WA) (CC Act) broadly provides that except by way of application to the State Administrative Tribunal, a decision or determination of an adjudicator cannot be appealed or reviewed

Too many experts? The overuse of expert determination by the Australian construction industry

  • Clayton Utz
  • -
  • Australia
  • -
  • August 30 2012

The increasing use of expert determination to resolve all disputes under a construction contract is often inappropriate

Soundbites

  • Herbert Smith Freehills LLP
  • -
  • Australia
  • -
  • July 31 2012

The Royal Institution of Chartered Surveyors (RICS) has launched the New Rules of Measurement recently which is accompanied by the Quantity Surveying and Construction Standards (the Black Book

A new option to challenge an adjudicator’s decision made under the security of payment act is confirmed

  • Norton Rose Fulbright LLP
  • -
  • Australia
  • -
  • November 3 2010

The New South Wales Court of Appeal in Chase Oyster Bar v. Hamo Industries (Chase) has handed down an important decision about the Building and Construction Industry Security of Payment Act 1999 (NSW) (SoPA