Construction projects are inherently risky in terms of cost, time and quality. Part of the risk is managed by insurance. This article identifies the types of insurance that are typically available on construction projects and focuses upon Contractors All Risks Insurance and Professional Indemnity Insurance only. Both are forms of liability policies. Some of the

The practice has arisen in bespoke contracts for infrastructure projects for contractors to provide extended warranties for the works.   Such warranties can be staggered depending upon the element that the warranty is being provided for and are particular to bespoke contracts. While such clauses have been included in these contracts for presumably appropriate consideration, there

Recent Developments in Pure Economic Loss (27/11/2013) – See also the chapter on professional liability in Bailey, Construction Law in Australia, Thomsen Reuters, 4th edition. 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

The NSW Court of Appeal’s recent decision in Malago Pty Ltd v AW Ellis Engineering Pty Ltd [2012] NSWCA 227 has once again demonstrated the willingness of courts to give effect to commercial contracts and its reluctance to hold commercial contracts void for uncertainty. The issue in the case was whether the Heads of Agreement entered into

Introduction Content and purpose of offers 1. Both offers of compromise1 and ‘Calderbank’ offers are offers made by an offeror which, if not accepted, or rejected, carry certain cost consequences for the offeree if the offeree does not better the offer at trial. 2. An offer of compromise has specified minimum requirements and is governed

O’Farrell J also found at [55] – [57] that the duty of loyalty was owed not only by the first defendant, but by the whole of the defendant group. This was because the defendant group shared profits and hence had a financial interest in each member, the defendant group was managed and marketed as one