Notes on Boilerplate Terms of Contracts Impacting Construction Disputes
This is a short article regarding two dissimilar cases, both of which focus attention on the fact that the boilerplate terms of contracts can have a significant impact on the conduct of construction disputes.
Commercial Leases in Western Australia during the COVID-19 Pandemic
Acknowledging small business, including the retail sector, have been hard-hit during the COVID-19 pandemic, changes to commercial tenancy laws in WA are providing some relief through what is defined as this “emergency period”. Solomon Brothers partner, Chris Williams, provides a summary of these legislative changes and their impact on both landlords and tenants.
When Worlds Collide: Indemnities Vs Limitations of Liability
While the usual caveats that apply to the impact of decisions refusing to grant summary judgment apply to NRW Contracting Pty Ltd v Cliffs Asia Pacific Iron Ore Pty Ltd [2020] WASCA 2020, there are at least important take-aways from the decision. The fact that it is a Court of Appeal decision also makes it worthy of note.
ASIC’s beef with Westpac over responsible lending duties
On 13 August 2019, the Federal Court of Australia handed down its judgment in Australian Securities and Investments Commission v Westpac Banking Corporation (Liability Trial) [2019] FCA 1244 (“the Liability Trial”).
Commercial Rent Reduction Negotiation: Getting a great result for all parties
What to do when a commercial tenant asks for a rent reductionThe starting point for a landlord is to understand what new regulations may apply to the lease. Currently (as at 1 May 2020) in Western Australia the only change to commercial tenancy laws that has been made to respond to the COVID-19 pandemic comprises the enactment of the Commercial Tenancies (COVID-19 Respons...
“Construct Only” Contract, but is it really?
The phrases “construct only contract” and “design and build contract” are ubiquitous within the Australian construction and building industries. On the face of it, the differences between the two are self-explanatory: The “construct only” contract, known as the “traditional” form of procurement, involves a contractor entering into an arrangement for the construction of a project...
Kilmaley Investments: Putting the brakes on the assignment of statutory compensation
The recent decision of the Supreme Court of Western Australia in Kilmaley Investments Pty Ltd v City of Wanneroo [2019] WASCA 156 is an interesting development in case law relating to the assignability of a right to statutory compensation.
Is the Quantum Meruit Party Over? Renard Constructions Under the Spotlight
The main issue concerns a builder’s ability to recover money for the entirety of the work performed on a quantum meruit basis as an alternative to contractual damages where the owner repudiates the contract.