“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.
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