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ARTICLE · 02 APRIL 2013

The Strict Application of Timeframes for Adjudications under the Construction Contracts Act 2004 (WA)

Kott Gunning
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A recent case shows the consequences of failing to meet timelines imposed by the Act.

AustraliaReal Estate and Construction
Melissa Koo (Formerly With Kott Gunning)
Melissa Koo (Formerly With Kott Gunning)
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Following on from our February update on the importance of time limits in construction contract disputes, the recent decision of the Supreme Court of Western Australia in Re Graham Anstee-Brook; Ex Parte Karara Mining Ltd [No 2] [2013] WASC 59 (delivered on 1 March 2013) illustrates the severe consequences of missing a deadline and emphasises the importance of complying with the time frames imposed by the Construction Contracts Act 2004 (WA), particularly with respect to adjudications.

Background

On 6 July 2010, Karara Mining Pty Ltd (Karara) and DM Drainage and Construction Pty Ltd (DMC) entered into a contract whereby DMC would construct a pipeline and associated works for the transportation and supply of water from the Twin Hills borefield to the Karara mine site.

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