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MTECC NEWS

MTECC publishes a fortnightly newsletter, with a short article by one of our members, together with recent news. Please add your details below so we can add you to our distribution list. The latest MTECC news and previous versions are set out below.

MTECC publishes a fortnightly newsletter, with a short article by one of our members, together with recent news. Please add your details below so we can add you to our distribution list. The latest MTECC news and previous versions are set out below.

Current and previous newsletters

Coming to terms with the absence of a formal written contract – the NSW Court of Appeal clarifies relevant contractual principles in C & V Engineering Pty Ltd v Hamilton & Marino Builders Pty Ltd [2020] NSWCA 103 ||| MTECC News 20.13

The NSW Court of Appeal decision in C & V Engineering Pty Ltd v Hamilton & Marino Builders Pty Ltd [2020] NSWCA 103 illustrates legal principles that will be applied by Courts where parties enter into an informal contractual arrangement following an exchange of emails.   The respondent (builder) was constructing 55 units in Mascot and retained the

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The costs of adjudication – the Victorian Supreme Court considers its power to issue an indemnity certificate for adjudicator error in Radman v Open Plan [2020] VSC 318 ||| MTECC News 20.12

This recent decision of Digby J confirms that a party to an application for review of an adjudication determination under the Building and Construction Industry Security of Payments Act 2002 (SOPA) may be entitled to a certificate of indemnity pursuant to the Appeal Costs Act 1998 (ACA). The grant of a certificate under the ACA gives a party the

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Adjudication, lies, and enforcement of determinations: the England and Wales High Court considers the effect of fraud on a payment adjudication in PBS Energo A.S. v Bester Generacion UK Limited [2020] EWCA Civ 404  ||| MTECC News 20.11

Under Australian security of payment legislation, an adjudication determination based on a claimant’s fraud is voidable, rather than void. Fraud cannot be raised in opposition to an application for an order, although it is grounds for judicial review of the determination.   In the United Kingdom, adjudication is also used to resolve payment issues, under

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The England and Wales High Court finds that experts may sometimes owe a fiduciary duty to their clients: A Company v X, Y, Z [2020] EWHC 809 (TCC) ||| MTECC News 20.10

The claimant was the developer of a petrochemical project. It entered into two EPCM agreements with a third party, and two construction facility agreements with a contractor.   The contractor brought a works package arbitration against the claimant, seeking additional costs arising from project delays, including the late issue of for construction drawings by the

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Playing Chicken: Construction of Multi-Tiered Dispute Resolution Clauses ||| MTECC News 20.09

In Inghams Enterprises Pty Limited v Hannigan [2020] NSWCA 82, the New South Wales Court of Appeal was split as to whether a dispute fell within the obligation to refer disputes to arbitration within a multi-tiered dispute resolution clause. The majority (Meagher and Gleeson JJA) held that the dispute was not referable to arbitration, while Bell

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Payment Claims: whether a claim seeking payment of amounts ‘paid’ under calls upon bank guarantees was for construction work – dualing with payment claims ||| MTECC News 20.08

Payment Claims: whether a claim seeking payment of amounts ‘paid’ under calls upon bank guarantees was for construction work – dualing with payment claims In Grocon (Belgrave St) Developer Pty Ltd v Construction Profile Pty Ltd [2020] NSWSC 409, the Supreme Court of New South Wales decided that a payment claim which included amounts ‘paid’ under bank

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