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

Can relief against forfeiture be ordered to nullify a valid termination of contract?  Ayers Rock SkyShip Pty Ltd v Voyages Indigenous Tourism Australia Pty Ltd  [2019] NSWC 828 (Darke J) Voyages, the owner and operator of the Ayers Rock Resort entered into an agreement and two leases with Ayers Rock SkyShip (“ARS”) for the construction and

Stay of proceedings for arbitration agreements – the meaning of ‘under this deed’ and ‘a party’: Rinehart v Hancock Prospecting Pty Ltd; Rinehart v Rinehart (2019) 366 ALR 635; [2019] HCA 13 This concerns the dispute between Mrs Rinehart and companies in the Hancock Group on the one side, and two of Mrs Rinehart’s children on the

A liquidated damages clause that did not contemplate the effect of termination  In Triple Point Technology, Inc. v PTT Public Co Ltd [2019] EWCA Civ 230 the English Court of Appeal considered how to apply a clause imposing liquidated damages in circumstances where the contract was terminated before the contractor achieved completion.   After a review of

When is it unreasonable to refuse to allow a Builder back on site to rectify defects?   This question arises often, but what are the relevant legal principles which need to be applied to answer the question?  A useful summary of those principles was recently provided by Stevenson J in The Owners – Strata Plan 89041 v

Mears Ltd v (1) Costplan Services (South East) Ltd (2) Plymouth (Notte Street) Ltdand (3) J.R. Pickstock Ltd [2019] EWCA Civ 502  –  Practical Completion On 29 March 2019 the Court of Appeal in London delivered this interesting decision which reviewed the legal principles associated the with meaning of the term Practical Completion. The case involved several contracts.  A building