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Results: 1-10 of 150

Does Andrews v ANZ herald the end of time bars under construction contracts?

  • Norton Rose Australia
  • -
  • Australia
  • -
  • May 6 2013

It is a relatively quiet time for the construction industry. This goes some way to explaining the hype surrounding a decision involving a bank’s

Terminating for insolvency do you have the right to?

  • Norton Rose Australia
  • -
  • Australia
  • -
  • May 9 2013

Incidents of insolvency in the construction industry are under the spotlight after the recent failure of a number of construction companies

Claiming construction work under Security of Payment the key is the contract, not the claim

  • Norton Rose Australia
  • -
  • Australia
  • -
  • May 9 2013

The Queensland Court of Appeal has recently handed down two major decisions, which clarify the application of the Queensland Security of Payment

JCT contract: the effect of a settlement agreement on the final account provisions

  • Norton Rose LLP
  • -
  • United Kingdom
  • -
  • January 27 2010

The two main issues before the court were whether the settlement agreement which the parties entered into post practical completion in relation to the final account was intended to replace the contractual final account procedure in clause 30 of the JCT standard form of contract and if so, whether the settlement agreement between the parties amounted to a full and final settlement of all claims and cross-claims arising between the parties

No duty of care by builder and developer

  • Norton Rose Australia
  • -
  • Australia
  • -
  • September 11 2012

In the recent decision, Owners Corporation Strata Plan 72535 v Brookfield (Brookfield), the NSW Supreme Court provided further guidance on the common law duty of care, with Justice McDougall determining that builders and developers of residential premises do not owe a duty of care to an owners corporation where the statutory warranties provided by section 18B of the Home Building Act 1989 (NSW) (HB Act) apply

Liquidated damages: amending liquidated damages provisions so that there is no fixed liability

  • Norton Rose LLP
  • -
  • Australia
  • -
  • March 25 2010

Liquidated damages provisions are used as a mechanism to secure an agreed rate of damages to compensate an employer if a contractor completes late, except where the employer is responsible for the delay

Construction of contracts: priority of documents

  • Norton Rose LLP
  • -
  • United Kingdom
  • -
  • February 22 2010

In the following case, the court had to consider the construction of a contract, and in particular the effect of a clause concerning the priority of documents, in order to determine which of two conflicting provisions relating to the payment mechanism was to prevail

Parent company guarantees: choice of law

  • Norton Rose LLP
  • -
  • United Kingdom
  • -
  • November 24 2009

In the following case the court had to consider a claim under a guarantee and whether the English or Irish courts had jurisdiction to hear the claim

Cashing bank guarantees: not always an easy process

  • Norton Rose LLP
  • -
  • Australia
  • -
  • July 21 2010

A recent decision of the Supreme Court of Queensland makes it clear that cashing an unconditional bank guarantee is not always straight forward, depending on the wording of the construction contract which refers to bank guarantees or other security

Top 5 construction cases 2012

  • Norton Rose Australia
  • -
  • Australia
  • -
  • December 20 2012

There were many noteworthy cases handed down in 2012, however we focused on those which have the most interest and practical relevance to our clients

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