26 November 2013 Andrew P. Downie Facts The matter of Lucas Drilling Pty Limited v Armour Energy Limited [2013] QCA 111 concerned an oil and gas drilling agreement between a principal and a contractor which provided for the principal to give a performance bond in favour of the contractor.   The circumstance in which the

27 November 2013  Laina Chan 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 residential apartments and serviced apartments in Chatswood.[1] It emerged that there were latent defects

David McAndrew CPD presentation given at the Commercial Bar Association of Victoria (Construction Law Division) on 25 November 2013. A loss of productivity claim is a claim where the Contractor alleges that the Employer is legally responsible for acts of disruption that have caused loss of productivity and  increased costs that would not have otherwise

BA (Toby) Shnookal SC BDPS Meeting in Melbourne on 20 November 2013. The paper outlines the following significant developments relevant to the practice of construction law in Victoria: The Building Commission replaced by Victorian Building Authority. Dura v Hue – Parties to a contract intend discretionary decisions of superintendents to be final and binding. They can

Dr Donald Charrett (2013) 30(4) International Construction Law Review 507. The Unidroit Principles of International Commercial Contracts are a set of a-national principles that apply to the formation, validity, interpretation, performance and termination of commercial contracts. They are intended to be a modern statement of a “lex mercatoria” for international contracts in which the rules

Dr Donald Charrett & Dr Andrew Potts (2013) 152 Australian Construction Law News 6. Contracts for engineering design normally include the obligation that the services will be performed with the reasonable skill, care and diligence that would be applied by a normally skilled member of the profession in similar circumstances. The profession makes considerable use