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ARTICLE · 28 FEBRUARY 2020

PFAS and major projects: Mitigating the risks for construction contracts

This article explains PFAS contamination risks and how to avoid the pitfalls when entering into construction contracts.

AustraliaReal Estate and Construction

The Perils of PFAS

Welcome to the first article in our regular series, The Perils of PFAS. This series is designed to help you navigate the issues surrounding PFAS, a contaminant which is garnering greater scrutiny as the knowledge about its impacts continues to evolve.

Recent developments

Per- and poly-fluoroalkyl substances (PFAS) contamination and its potential impacts should be considered at all stages of major projects, particularly when entering into construction contracts.

Recently, the joint venture responsible for the construction of a multibillion dollar tunnel project claimed that PFAS contamination constituted a "force majeure" event, rendering it impossible to fulfil the terms of the contract.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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