2020-07-22 offers paper combined
Introduction Content and purpose of offers 1. Both offers of compromise1 and ‘Calderbank’ offers are offers made by an offeror which, if not accepted, or rejected, carry certain cost consequences for the offeree if the offeree does not better the offer at trial. 2. An offer of compromise has specified minimum requirements and is governed
- Published in Practice and Procedure
MTECC 23.07.2020 recent construction cases FINAL
O’Farrell J also found at [55] – [57] that the duty of loyalty was owed not only by the first defendant, but by the whole of the defendant group. This was because the defendant group shared profits and hence had a financial interest in each member, the defendant group was managed and marketed as one
- Published in Case Notes, Recent Posts
HEARINGS DURING COVID-19
Introduction This paper is prepared for a webinar I am presenting to the Society of Construction Law (Australia) on 27 May 2020. This paper draws on my experience with use of technology in my practice. By way of background, I am a commercial barrister with a technology, engineering and construction specialisation. I have been a
- Published in Recent Papers, Case Notes & Publications, Recent Posts
Construction contracts and COVID-19 delays – solutions without statutory intervention?
A. Overview 1. While COVID-19 has not closed the Australian building industry, it has caused serious disruption. This is a combination of global conditions (such as travel restrictions and supply chain disruptions) and local regulations (such as keeping 1.5m apart on-site). 2. This has caused delays in many projects. 3. However, COVID-19 (or rather, the
- Published in Recent Papers, Case Notes & Publications, Recent Posts
2019 MTECCNEWS CASENOTES
An adjudicator determined that Cockram, as subcontractor to Fulton Hogan, was entitled to be paid $8,307,337.72 in respect of extensions of time. In defence of the claim, Fulton Hogan relied upon clause 22(1)(e) of the subcontract, which provided as a pre-condition to entitlement to an extension of time, that the contractor (Fulton Hogan) had received
- Published in Case Notes, Recent Posts
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