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ARTICLE · 12 OCTOBER 2017

The Importance Of Strictly Complying With Notice Requirements On Australian Projects

Jones Day
Jones Day
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A question commonly raised is whether the actions of a principal or principal's representative can amount to a waiver of the requirement.

AustraliaReal Estate and Construction
Jones Day
Jones Day
Stephen McComish
Stephen McComish
Kenneth Hickman
Kenneth Hickman
John Cooper
John Cooper
Katie E. Gothard-Leigh
Katie E. Gothard-Leigh
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In Short

The Situation: Australian courts have regularly maintained that contractors must strictly comply with any express conditions for extra time or money under construction contracts, including conditions requiring written notice of an event (known as a "time bar"). A question commonly raised is whether the actions of a principal or principal's representative can amount to a waiver of the requirement.

The Development: In Civil Mining & Construction Pty Ltd v Wiggins Island Coal Export Terminal Pty Ltd, the Supreme Court of Queensland provided useful guidance on waiver, finding that CMC's claims were not precluded because WICET, via a "principal's representative", had waived the requirement for strict compliance.

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