In Mann v Paterson Constructions Pty Ltd [2019] HCA 32, (Mann v Paterson), the respondent builder claimed against the owner an entitlement to recover payments for its work, including variations, upon a quantum meruit (literally, a reasonable sum of money to be paid for services rendered).  The respondent’s claim was upheld at first instance and

John Beever (Aust) Pty Ltd v Roads Corporation [2018] VSC 635 Facts: John Beever (Aust) Pty Ltd (Beever) and Roads Corporation (VicRoads) entered a construction contract in respect of strengthening works to the Wallen Road Bridge in Hawthorn. On 11 April 2017, Roads Corp certified that practical completion of the works had been achieved on

Air warfare over termination – Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd [2019] NSWCA 185 What is a reasonable time within which to elect to terminate?  This was one issue in Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd [2019] NSWCA 185 ASC had a Contract with the Commonwealth for the procurement of

Paradise Lost – The High Court considers the scope of legal professional privilege in Glencore International AG v Commissioner of Taxation [2019] HCA 26 In the recently published decision in Glencore, the High Court considered the question of whether the law of legal professional privilege (LPP) operates only as a defensive mechanism to resist compulsory

Is your payment schedule sufficient: Style Timber Floor Pty Ltd v Krivosudsky [2019] NSWCA 171 A recent NSW Court of Appeal decision in Style Timber Floor Pty Ltd v Krivosudsky [2019] NSWCA 171 highlights the need to take care in preparing a document that is intended to be relied upon as a payment schedule for the purposes

Might termination for insolvency now be a repudiation? Many, if not all, construction contracts provide a party a right to terminate for the insolvency of the other party. For example, the right to terminate in AS4000-1995 arises where, in relation to a corporation: notice is given of a meeting of creditors with a view to