Over the last two weeks, we have broadly explored the role and obligations of a superintendent under a contract and how they are appointed. In doing so, we briefly touched on the dual nature of that role and the conflict it may pose for superintendents who act as both independent certifier and agent for the principal. This week, we will …

The role of the superintendent will typically be defined in the head contract between the principal and the contractor. That is, the contract will specify the specific duties and obligations the superintendent must perform as: independent certifier; and agent of the principal. For ease of reference, in standard form contracts the applicable clause which prescribes these duties is clause 20 …

Superintendents (sometimes also referred to as Administrators) are a common and essential feature of large commercial construction projects, to help regulate performance and compliance. Tasked with managing the administration of construction contracts, they play a vital role in ensuring projects are delivered on time, within budget and to the required quality standards, and if not, are typically responsible for ensuring …

In this final week we look at the decision of Chevron Park Pty Ltd v Groupline Constructions Pty Ltd[1], which emphasises the meaning of section 88 of the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (the Act), which is that the role of an adjudicator is to assess the payment claim and payment schedule that are the subject …

This week we discuss the case of Paladin Projects Pty Ltd v Visie Three Pty Ltd & Ors (No 2) [2024] QSC 244 highlighting the importance of evaluating the making and rejection of settlement offers (i.e., Calderbank offers).  The Supreme Court of Queensland ruled that a contractor’s failure to accept a Calderbank offer was unreasonable, leading to an award of …

As the construction landscape evolves, landmark court decisions serve as pivotal points, influencing everything from contract disputes to industry regulations. This series will delve into some of the landmark cases of 2024, examining the influence and implications they have had on the construction industry. This week, we explore the case of Tesseract International Pty Ltd v Pascale Construction Pty Ltd …

Welcome to the November edition of Projects & Construction Monthly. This edition addresses: Recent Construction News; Work Health and Safety (Amenities for Construction Work) Amendment Regulation 2024; LPC Lawyers’ recently completed ‘Booming Infrastructure’ series; and Opportunities to join the LPC Lawyers’ team. Recent Construction News Gympie Bypass Major construction of the $1.162 billion Gympie Bypass was completed around midnight on …

Utility infrastructure will continue to represent a key aspect of ongoing investment across the Australian construction industry. As the Australian population grows, there will be ongoing need to develop and expand existing utility assets and construct new assets. Procurement Models Often Contractor’s will be engaged to deliver works on a design and construct basis. Pending the specific scope of works …

Renewable energy investment will increasingly become a prominent aspect of state and federal budgets across Australia, as an alternative to traditional fossil-fuels. The unique nature of renewable assets means that parties much take into account specific risks and concerns during contract formation, to avoid potential disputes as matters progress. Delivery Models Delivery models for renewable infrastructure will typically involve a …

Roads and highways form the backbone of Australian transport infrastructure networks, which will continue to represent a key area for growth into the future. This is increasingly the case as long term investment in critical road and highway networks grows. Contracting Arrangements The contracting arrangement adopted on any given project will considerably impact the parties’ respective commercial considerations, and associated …