Welcome to MolinoCahill’s Monthly Project Insights.

A new article “Contractual notice and bars to entitlement on major projects – Working towards a fairer approach” is now on our website – https://molinocahill.com.au/insight/contractual-notice-and-bars-to-entitlement-on-major-projects-working-towards-a-fairer-approach/

The article considers the drafting and administration of contractual notice provisions and time bars on major projects and possible changes to promote greater fairness and collaboration in contracting.

In this edition, we also consider the following recent decisions:

The long-awaited judgment of the High Court in the Sydney Light Rail appeal which confirmed the application of private nuisance to large-scale public construction works affecting surrounding landowners – https://molinocahill.com.au/insight/high-court-of-australia-confirms-sydney-light-rail-caused-nuisance/

A decision of the Privy Council recognising a claimant’s right to damages under contract, notwithstanding the claimant had denied the existence of the contract and claimed damages on an alternative basis – https://molinocahill.com.au/insight/uk-privy-council-considers-ability-to-pursue-alternative-bases-in-construction-dispute/

The New South Wales Court of Appeal confirming there is no positive obligation on an owner to permit a builder access to rectify defects before claiming damages – https://molinocahill.com.au/insight/owner-entitled-to-deny-builder-access-for-rectification/

Another decision of the New South Wales Court of Appeal reaffirming that a party’s entitlement to damages for defective building work is qualified by what is reasonable and necessary – https://molinocahill.com.au/insight/confirming-the-limits-on-rectification-damages-for-building-defects/

The Federal Court of Australia finding that an arbitration clause was unfair and unconscionable pursuant to sections 12BF and 12CB of the Australian Securities and Investments Commission Act 2001 (Cth) – https://molinocahill.com.au/insight/arbitration-clause-held-unenforceable-in-stay-application/

The Supreme Court of Queensland affirming the primacy of arbitration under section 8 of the Commercial Arbitration Act 2013 (Qld) – https://molinocahill.com.au/insight/court-reaffirms-conventional-interpretation-to-arbitration-agreements-under-the-commercial-arbitration-act-2013-qld/