The Queensland Department of Transport and Main Roads (‘DTMR’) ‘Annexure D’ provides an opportunity for contractors to obtain relief for COVID-19 related impacts to a project. Annexure D allows contractors to seek relief for the direct cost and time impacts associated with COVID-19. Annexure D provides two avenues of relief for contractors who encounter these impacts: Pandemic Directives; and Pandemic …

As we make our way out of the COVID-19 Pandemic, we are left with what appears to be the ‘new normal’ for the transport and main road industry in Queensland. This landscape contains contractual allowances and forms of relief for contractors who experience impacts related to the COVID-19 Pandemic (‘COVID-19’) and relief for other supply chain disruptions. With the aim …

Generally, a latent condition is a physical condition (including a sub-surface condition) at a site or its surrounds (usually excluding ground conditions resulting from inclement weather), that differs materially from that which a Contractor should have anticipated at the time of tender. While the definition of a latent condition may seem straightforward, the operation of the clause, in practice, may …

Welcome to the October edition of Projects & Construction Monthly. This edition addresses: Celebrating 2 years of LPC Lawyers; Recent major projects; Clean Energy Future for Queensland; LPC Lawyers recently completed ‘Liquidated Damages’ series; and LPC Lawyers’ current article series. Celebrating 2 Years of LPC Lawyers LPC Lawyers is proud to be celebrating its 2-year anniversary this month. Over the …

When challenges arise on construction projects (think, for example, delays, latent conditions, force majeure events, and Pandemic Relief Events), one clause may start the clock ticking when it comes to exercising certain rights and recovering entitlements under a construction contract – time bar. As the second part of the series, this article will explore the purpose, advantages, pitfalls, and enforceability …

One question that is often repeated during a construction project, like a mantra echoing through the offices of Principals and Contractors alike, is, what does the contract say? Take for example what might be expected when a critical delay occurs, of a type claimable under a contract, and that is outside the contractor’s control. What does the contract say? A …

Without the appropriate contractual considerations, an act of prevention by the principal can extinguish its rights to liquidated damages, despite an otherwise valid and effective contractual entitlement to compensation. The “Prevention Principle”, sometimes referred to as the “Peak Principle” (in reference to the case from which it originated – Peak Construction (Liverpool) Ltd v McKinney Foundations Ltd) operates to prevent …

Liquidated damages clauses are commonly upheld to be enforceable, even if the result of that clause may seem “unfair”, for example, where the clause only entitles the injured party to a nominal amount. In assessing an entitlement, Courts will turn their attention towards whether the effect of the clause is such that it would be considered a “penalty”, and in …

In the construction industry liquidated damages is a well-known, well used contractual mechanism allowing parties to allocate risk, incentivise timely completion, and more easily obtain compensation for contractual breaches (as opposed to other types of damages). However, incorrect drafting or attempted application of liquidated damages can have unintended (and sometimes severe) impacts on the parties’ entitlement to compensation. To ensure …

Welcome to the September edition of Projects & Construction Monthly. This edition addresses: Bridge to Brisbane; Recent major projects; Case Summary – Demex Pty Ltd v Marine Civil Contractors Pty Ltd & Anor [2022] QSC 141; LPC Lawyers’ current ‘Back to Basics’ series; and LPC Lawyers’ upcoming article series. Bridge to Brisbane LPC Lawyers was a proud participant in the …