Insuring Risk in Construction Projects
Construction projects are inherently risky in terms of cost, time and quality. Part of the risk is managed by insurance. This article identifies the types of insurance that are typically available on construction projects and focuses upon Contractors All Risks Insurance and Professional Indemnity Insurance only. Both are forms of liability policies. Some of the
- Published in Construction Contracts
The enforceability of extended contractual warranties
The practice has arisen in bespoke contracts for infrastructure projects for contractors to provide extended warranties for the works. Such warranties can be staggered depending upon the element that the warranty is being provided for and are particular to bespoke contracts. While such clauses have been included in these contracts for presumably appropriate consideration, there
- Published in Construction Contracts
Recent Developments in Pure Economic Loss (27/11/2013)
Recent Developments in Pure Economic Loss (27/11/2013) – See also the chapter on professional liability in Bailey, Construction Law in Australia, Thomsen Reuters, 4th edition. In The Owners – Strata Plan No 61288 v Brookfield Australia Investments Ltd [2013] NSWCA 317 (the Brookfield case), developers had contracted with the builder to design and construct a 22 storey building consisting of both
- Published in Construction Contracts
Case note on Malago Pty Ltd v AW Ellis Engineering Pty Ltd [2012] NSWCA 227
The NSW Court of Appeal’s recent decision in Malago Pty Ltd v AW Ellis Engineering Pty Ltd [2012] NSWCA 227 has once again demonstrated the willingness of courts to give effect to commercial contracts and its reluctance to hold commercial contracts void for uncertainty. The issue in the case was whether the Heads of Agreement entered into
- Published in Construction Contracts
Lane cove tunnel collapse and sinkhole a forensic review – 1: the collapse
1 INTRODUCTION 1.1 THE COLLAPSE At approximately 1:40am on Wednesday 2nd November 2005 a section of the roof of the Lane Cove Tunnel collapsed, an unravelling failure ensued and the collapse propagated through a height of 17m to the surface forming a sinkhole that undermined the front section of Kerslake Apartments (Figure 1). The collapse


