31-40 of 57 results
When performance is personal – the hazards of subcontracting without consent
A recent NSW Court of Appeal decision emphasises the importance of contractors complying with contractual requirements to obtain the principal's approval before subcontracting services or works. Failure to do so may disentitle the contractor from claiming payment for services that the unauthorised subcontractors have provided. However, the case leaves open whether it may be possible for a contractor to recover the cost of unauthorised subcontracted services in restitution based on a quantum meruit claim, or on the basis of an unenforceable penalty. ...
Allens advises ISPT on redevelopment of Karingal Hub Shopping Centre
The Allens team, led by Partners David McLeish and David Donnelly and Senior Associate Ben van Weel, advised on all aspects of the project, such as commercial, legal and procurement matters. The ...
Allens closes landmark deal with Sydney Metro PPP
Allens has advised the Northwest Rapid Transit consortium on the financial close of the $3.7 billion Public Private Partnership for the next stage of the Sydney Metro. ...
NSW looks to hold builders and designers liable to current – and future – property owners for defective works
Legislation focusing on imposing new obligations on design consultants and builders was recently introduced to the NSW Parliament. Importantly, the Design and Building Practitioners Bill creates a statutory duty of care owed by builders, and others, for economic loss for defects in construction serv ...
Allens acts on NAIF loan package for WA's Beyondie project
Located 160 km south east of Newman, the Project aims to produce SOP, a high-yield, premium fertiliser, for domestic and international sale. The loan is comprised of a $48 million Infrastructure ...
Report: Australian Infrastructure Investment Report 2019
Investor appetite for Australian infrastructure remains strong. However, to maintain our status as a leading infrastructure investment destination, we must address systemic issues that are adversely impacting the market, including cost overruns on major projects. ...
Vale restitution? The High Court clarifies remedies available to construction contractors following termination for repudiation
In a welcome decision for principals engaging contractors for construction work, the High Court has substantially limited the availability of the restitutionary remedy of a quantum meruit where a contractor elects to terminate a contract as a consequence of repudiation. ...
Builders' duty of care for defective works continues to narrow
A recent UK decision1 continues the judicial trend of limiting the circumstances in which a builder will be liable in negligence for pure economic loss caused by its defective works. ...
Urgent action required to secure Australia's infrastructure future
Head of Infrastructure sector and partner, David Donnelly said the industry holds concerns the benefits of the infrastructure boom may not be fully realised calling into question the significant ...
Navigating split dispute resolution clauses – where's Google Maps when you need it?
A recent Supreme Court of Victoria decision sounds a warning to principals and contractors alike – your dispute resolution clause must be clear and unambiguous, because the court will not go out of its way to cure a commercially peculiar, but perfectly workable, clause. ...