January 25, 2021The NEC4 suite is generally easier to read than the GC21, for instance, and therefore it is more accessible to a wider portion of the project team members. A significant benefit however is that risks are distributed more in the contractor’s favour, more so than what is typically the case with Australian forms...
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January 25, 2021We have received enquires based on the assumption that COVID-related lockdowns automatically trigger a delay in construction projects but is this the case?
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January 22, 2021The Contractor should be aware that the notification provisions of the NEC Contract require the Contractor to inform the Project Manager for events that may result in additional time and/or money within a specified time frame. Failure to notify in accordance with these provisions will jeopardise the Contractor’s entitlement to additional time and/or money even if the Contractor is not at fault and the Employer is responsible for such an event.
READ MORE March 26, 2020We hope everyone is coping well! The final impact of the COVID-19 outbreak on society as a whole will be beyond what we can currently comprehend. We are sharing some tips on how to deal with this unprecedented situation.
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March 7, 2020This challenge for Contractors is heightened because the on-site personnel in their teams, that are best placed to have the most awareness and ability to control the causes of delay, are generally not experienced in contract administration to take precautionary or preventative steps to most effectively protect the Contractor's interests.
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March 7, 2020The increasing prevalence of experts directly challenging each other in international arbitrations may inspire parties to find ways to adopt this principle sooner, before matters crystalise as a formal dispute.
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February 26, 2020If a professional such as a Designer designed something for a client in a way that no other designer would have designed it and then, as a result, the item designed was defective then that designer would be negligent. That is, it would be taken that the Designer did not exercise the same level of skill and care as every other designer in his profession would.
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February 26, 2020The courts have for a long time made the distinction that works constructed defectively are not the same as damage occurring to the works. Construction works damaged by fire, storm or earthquake have incurred “damage”.
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February 26, 2020"...if the party be prevented by the refusal of the other contracting party from completing the contract within the time-limited he is not liable in law for the default...the plaintiffs were therefore left at large. Consequently, they are not to forfeit anything for the delay..."
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February 24, 2020This week the ASX lost 2.3 per cent in one day's trading leading to speculation that a recession is on the horizon for the Australian economy. We consider what Owners and Contractors can do to protect themselves.
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February 5, 2020The answer is to incorporate terms to enable adjudication 'at any time' in your construction contract. This will ensure that a cheap, fair, and binding dispute resolution mechanism is available to both parties to rapidly address disputes.
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January 22, 2020As a popular and familiar procurement methodology, Design/ Bid/ Build is suitable for a range of projects and circumstances, in particular, complex projects which are not constrained by time. It's also suitable for inexperienced Employers that can work with their designer at a slower pace to ensure the final design is in keeping with their requirements.
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August 14, 2019The Designer may be held responsible based on the foreseeable consequence of the negligent advice, and the damages incurred as a result. However, it is possible to exclude liability for the accuracy of the information in the Service Agreement in the case that the Employer is acting as a consumer.
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August 7, 2019On Wednesday, 12 June, Karen Hoppe attended a CIArb seminar on Emergency Arbitrators entitled, “Have Emergency Arbitrators Come of Age?”. Speakers were Mr Christopher Newmark, Mr Ben Giaretta and Mr Nick Storrs.
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August 7, 2019Concerns over the time and expense commitment from contractors and subcontractors during the tendering process can be mitigated by the use of conditional pre-construction agreements to identify the tasks to be performed along with the associated timeframes.
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June 6, 2019Some other crucial components of a sound Letter of Intent, which can often be overlooked, include a comprehensive description of the form of contract that would ultimately be entered into.
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February 1, 2019When determining whether the Design/Build Contract is suitable for a project, it is important to consider factors such as the points of responsibility, the nature of the project, the time constraints, and not least, where risk is best placed to reside.
READ MORE June 6, 2019FIDIC contracts contain machinery for claims that become disputes to be referred to an independent Dispute Adjudication Board in the event either the Contractor or the Employer is not satisfied with the determination made by the Engineer.
READ MORE June 6, 2019The Contractor should be aware that the notification provisions of the NEC Contract require the Contractor to inform the Project Manager for events that may result in additional time and/or money within a specified time frame. Failure to notify in accordance with these provisions will jeopardise the Contractor’s entitlement to additional time and/or money even if the Contractor is not at fault and the Employer is responsible for such an event.
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June 5, 2019Mediation and other forms of ADR are generally supported by the courts, in keeping with the Civil Procedure Rules (CPR) that apply to court proceedings. There are, however, certain considerations to be taken into account in assessing the ramifications when a party refuses to participate.
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