When engaged through design and construct (D&C) contracts for a project, Contractors are generally required to warrant the design aspect of the works. This ultimately increases the overall risk for Contractors associated with the project. Part 2 of this article series discusses the design warranties often provided by Contractors and the importance of ensuring the expectations for the project and …

Design is an innate element to all construction projects, which has a lasting impact on the overall success of a project. Broadly, the design will often include drawings, sketches, plans, relevant specifications, instructions and descriptions of how the project will be constructed. As a fundamental aspect of construction projects, it is relevant for industry participants to be aware of the …

Welcome to the February edition of Projects & Construction Monthly. This edition addresses the following: Recent updates on Major Projects; Case Summary – ESR Investment Management 2 (Australia) Pty Limited v AllRoads Pty Ltd [2023] QSC 235; LPC Lawyers’ ‘Reading Between the Lines’ series; LPC Lawyers’ upcoming Article series; and Opportunities to join the LPC Lawyers’ team. Recent Updates on …

It is not uncommon for a dispute resolution process of a construction contract to contain a clause whereby the contracting parties agree to submit certain disputes to arbitration (i.e., an arbitration agreement). Such agreements can be an attractive option for dispute resolution as arbitration is often a private and often more efficient and cost-effective process, as opposed to litigating through …

Parties to construction contracts are often unaware of a number of obligations that may exist, and can be implied, into a contract, even where the parties have not turned their minds to them during contractual negotiations. Such obligations can be just as important as the express terms of a contract, and can have significant impacts on the rights and responsibilities …

As we roll into another busy year for construction in Australia, there will be projects at all stages – those that are in the contract formation stage, set to commence, or coming to end. Wherever project participants may find themselves on a project’s life cycle, it is a timely reminder to ensure parties remember some of the nuances of obligations …

Welcome to 2024 and the January edition of Projects & Construction Monthly. This edition addresses: The New Year Awaits; BIFA Shutdown End In Sight; Ban On Engineered Stone; Recent Major Projects; and LPC Lawyers’ Case Year in Review Series. The New Year Awaits – The Path Ahead As the new year kicks off, LPC Lawyers looks back on the year …

Due to supply chain issues and rising interest rates, the construction industry was hit hard in 2023 – it was the year of budget blowouts, late delivery and builder insolvencies. Budget Blowouts 2023 saw an unsettling surge in budget blowouts within its construction projects, due to supply chain bottlenecks and escalating labour costs. To illustrate, a sample of 800 top …

As industry participants dust off their hard hats and construction sites take a festive pause, it is crucial to remember the implications of the Building Industry Fairness (Security of Payment) Act 2017 (‘BIFA’) over the Christmas and New Year period. BIFA defines a ‘business day’ to exclude a Saturday or Sunday; a public holiday, special holiday or bank holiday in …

Built Qld Pty Limited v Pro-Invest Australian Hospitality Opportunity (ST) Pty Ltd (No 2) [2023] QCA 140 was a case of 2023 that contained a list of timely reminders of issues often experienced on construction projects. Scope amendments, defect rectification, determination of EOT’s along with assessment methods were all live issues before the Court. The Case Pro-Invest Australian Hospitality Opportunity …