Calling Upon Contractual Security: The New Notice Requirement and the Option to Pay Cash to Avoid Reputational Risk Unconditional bank guarantees, payable on demand, are a common form of security provided by contractors under administered construction contracts. A dispute over whether the principal is entitled to call on the guarantee will not usually prevent the

This case involved an appeal by homeowners (Owner) from a judgment of the County Court of Victoria concerning a major domestic building contract (Contract) with the respondent builder (Ozzie). In a joint judgment, the Court, constituted by McLeish, Lyons JJA and Nichols AJA revisited, affirmed and explained Cardona v Brown,[1] including the identification of repudiation and its

Duty to mitigate loss – No positive obligation on an owner to allow a builder an opportunity to rectify defective works: Ceerose Pty Ltd v The Owners – Strata Plan No 89074 [2025] NSWCA 235   “The Eliza” apartment building, in the centre of Sydney, was completed in 2014. In light of a range of defects which

In Hungerfords v Walker the High Court held that at common law a plaintiff can recover damages in the nature of interest on a compound basis for loss of use of moneys by reason of a breach of contract or negligence. Recovery in such cases is on the basis that the plaintiff has in fact suffered a

Can a Superintendent certify liquidated damages after the principal takes works out of the contractor’s hands or following termination? In Cobolt Constructions Pty Ltd v Duke Ventures Wellington Street Pty Ltd [2025] VSC 609, the plaintiff contractor (“Cobolt”) sought an interlocutory injunction to restrain recourse by the defendant principal (“Duke”) to bank guarantees provided by way of

When security under building contracts cease to operate as risk allocation devices. It is well known that the function of security under building contracts can act as risk allocation devices, meaning that a ‘pay now, argue later’ approach is adopted making it difficult for a contractor to obtain an injunction to restrain a wrongful call