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Article
Can Claimants Establish A DBPA Claim Using A Less Stringent Standard Of Proof?
A recent Court of Appeal case confirms that in relation to a claim under section 37 of the Design and Building Practitioners Act 2020 (NSW) (DBP Act) the Court may assess damages in a robust manner...
AustraliaReal Estate and Construction
Vincent Young
Article
Contractors beware – pay attention to any directions that you may issue to subcontractors!
If you have any role within a construction contract, it is important that you understand your rights and obligations.
AustraliaReal Estate and Construction
Coleman Greig Lawyers

Court Reviews Quantum Meruit Claims

In the recent decision of Sopov & Anor v Kane Constructions (15 June 2009) the Victorian Court of Appeal considered the entitlement of a builder to make a claim outside of a contract for the reasonable value of construction works (known as a "quantum meruit" claim).

AustraliaReal Estate and Construction

Cooper Grace Ward

Court says 'game over' on incomplete adjudication application

When serving a document, follow the rules on service (either under the contract or statute) or it could be 'game over'.

AustraliaReal Estate and Construction

Swaab Attorneys

Court Upholds Builder´s Claim For Quantum Meruit

In November 2007, the Victorian Court of Appeal upheld the trial judge's finding that Kane was entitled to, and did, terminate the building contract at common law as a result of the developers' repudiation.

AustraliaReal Estate and Construction

Norton Rose Fulbright Australia

Does the Domestic Building Contracts Act 1995 (Vic) apply to developers?

Developers should become familiar with the Act, and with any rights or obligations stemming from this legislation.

AustraliaReal Estate and Construction

Holding Redlich

Electronic execution of all lease documentation

Documents can be created and signed electronically in a number of ways, for example, DocuSign. .

AustraliaReal Estate and Construction

Carroll & O'Dea

Falling out with a co-owner: a real property mistake

A well-drafted co-ownership agreement could save stress, time and money, if a problem should ever arise between owners.

AustraliaReal Estate and Construction

How to claim for unapproved variations? Quantum meruit in construction contracts

Explains quantum meruit and its application for builders to claim for unapproved variations.

AustraliaReal Estate and Construction

Coleman Greig Lawyers

Increasing construction costs are likely not valid grounds for termination of contract

Cost escalation clauses in the building contract could provide a lawful mechanism to claim increased construction costs.

AustraliaReal Estate and Construction

Rostron Carlyle Rojas

Is A Quote An ‘Offer’ To Enter Into A Contract?

When negotiating the price for work or services, parties will often say they are providing a ‘quote’.

AustraliaReal Estate and Construction

DLA Piper Australia

NSW Appellate Court confirms Australian approach to global claims of breach of contract

The Australian position is that every cause of the loss making up the "global claim" must be attributable to the owner.

AustraliaReal Estate and Construction

Norton Rose Fulbright Australia

Opportunity or bust: Why you should be afraid of Liquidated Damages

Liquidated damages or 'delay damages' clauses usually provide that a contractor must pay a pre-determined sum of money.

AustraliaReal Estate and Construction

Lovegrove & Cotton

Qld Court of Appeal confirms equity cannot provide relief for lapsed lease options

If a tenant does not exercise an option to renew within the required time, the interest created by the option lapses.

AustraliaReal Estate and Construction

Holding Redlich

Queensland Court of Appeal redefines payment schedule requirements for owners and contractors

A document served in response to a payment claim that does not refer to the major claim item is not a payment schedule.

AustraliaReal Estate and Construction

Norton Rose Fulbright Australia

Recent successes in adjudication of construction payment claims

The unsuccessful contractor was directed to pay the full costs of adjudication of the construction payment claims.

AustraliaReal Estate and Construction

Bennett & Philp Lawyers

Residential Focus - 21 June 2017 - Part 1

This issue was a case study of The Owners Strata Plan No 66375 v Suncorp Metway Insurance Ltd (No 2) [2017] NSWSC 739.

AustraliaReal Estate and Construction

Holding Redlich

Residential Focus: Sham building contracts for finance

If there is an ulterior mutual purpose to the contract, and it is deemed a sham, it could be rendered unenforceable.

AustraliaReal Estate and Construction

Holding Redlich

SOPA: A deemed reference date is no reference date at all

This NSW decision highlights the significance of reference dates to a party's entitlement to make a payment claim.

AustraliaReal Estate and Construction

Holding Redlich

Super Returns And Not-so-super Drafting: FX Group Holdings Pty Ltd v Perpetual Trustee Co Ltd

The NSW Supreme Court recently handed down the latest quantum judgment in the long running dispute between FX Group Holdings Pty Ltd and Perpetual Trustee Company Ltd, concerning the interpretation ...

AustraliaReal Estate and Construction

Herbert Smith Freehills Kramer LLP

Showing 801–820 of 2837 results

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