After an expert has been briefed, and initial conferencing has occurred, lawyers will often instruct the expert to commence preparing an expert report. The rules and requirements around the preparation of expert reports may be a cause of concern for lawyers, and invite an overly cautious approach. However, where lawyers have a holistic understanding of what is expected of them, …

Welcome to the October edition of Projects & Construction Monthly. This edition addresses the following: Unfair Contract Terms – Upcoming Reforms; Case Summary – Niclin Constructions Pty Ltd v Robotic Steel Fab Pty Ltd & Anor [2023] QSC 218; LPC Lawyers’ ‘Taking Statements’ series; and Opportunities to join the LPC Lawyers’ team. Unfair Contract Terms – Upcoming Reforms On 9 …

Disputes between parties can often include complex questions that require a certain level of expertise or experience to accurately understand and answer. Where these complex questions arise, it is common for parties to look to engage experts capable of answering such, and have them lead evidence as to their impartial opinion on the matter. In doing so, experts will be …

Lay witness statements will often require lawyers to work with witnesses who have little to no experience with the legal system. This means the witness will typically rely on the lawyer to explain what is required or expected of them. Given the importance of witness statements, all parties should have a clear understanding of not just what is required of …

Witnesses will often be required to provide statements about relevant facts in advance of litigious proceedings. Importantly, there are certain requirements surrounding how these statements are to be prepared, what form they must take, and what they can contain. This series will look at the basics of witness statements, as well as certain specific requirements associated with lay and expert …

The ongoing reality for the Australian construction industry is riddled with labour shortages, increased lead times and material costs eating into profit margins. These issues have, in part, contributed to the growing number of industry related insolvencies. It should be no surprise if principals adopt a “fine, I’ll do it myself” attitude and rely on take out clauses with an …

In an effort to kick-start Australia’s recovery from COVID-19, the state and federal governments have accelerated many large-scale infrastructure projects.[1] This, coupled with the demand for residential home builds, has led to an industry that appears to be defined by significant delay and cost exceedances. With the current project delays, part 2 of this article series considers the principal’s entitlement …

Welcome to the September edition of Projects & Construction Monthly. This edition addresses: Prepare for downturn; Building energy efficient homes for the future; Footscray Hospital tops out; Recent major projects; LPC Lawyers’ ‘Delivering Australia’s Future’ series; and LPC Lawyers’ current ‘Principal’s Claims’ Prepare For Downturn Housing Industry Association senior economist, Tom Devitt, has warned Australians that more pain is coming …

Australia’s construction industry climate continues to reflect the adverse impacts of persistent material and labour shortages, resulting in significant delays and cost overruns. According to Australian Constructors Association’s Jon Davies, the Australian construction industry is facing a total cost to complete current projects of $224 billion.[1] Amid the ongoing delays within the construction industry, it is pertinent to be aware …

The federal government is committed to rolling out its 10-year $120 billion infrastructure pipeline with a focus on productivity, supply chains, and economic growth in the nation’s cities and regions. The ‘pipeline’ refers to the federal government’s Infrastructure Investment Program (IIP) which predominantly funds road and rail infrastructure via payments to states and territories. In 2023-24 alone, the IIP will …