05 May 2005
Welcome to the May edition of Projects Insights. In this edition we find out whether delay costs are recoverable in a payment claim, and explore some developments overseas in security of payment.
We'll also see if there's any difference between 'best endeavours' and 'reasonable endeavours', discover a new way to take and examine expert evidence, and find out how the new Commonwealth Procurement Guidelines affect Commonwealth entities and tenderers.
By Sergio Capelli and Mathew Stulic.
Recently, Tasmania's Supreme Court was called on to consider a number of issues, including whether the Design Documentation prepared by the contractor complied with the Project Deed entered into by the parties. Sergio Capelli and Mathew Stulic explain its reasoning.
By Owen Hayford and Vanessa McBride.
Contracts often require parties to use their 'best endeavours' or 'reasonable endeavours'. Owen Hayford and Vanessa McBride look at how courts have interpreted these clauses, and discover that the major difference may well be the words, not the effect.
By Frank Bannon and Mathew Stulic.
Despite the differences between the local and UK security of payment laws, UK cases have been useful. A review process currently underway in the UK should provide a helpful comparative yardstick for measuring the success of the UK scheme, say Frank Bannon and Mathew Stulic.
By Andrew Stephenson and Andrew Barraclough.
Andrew Stephenson and Andrew Barraclough get into the hot tub and discover a new way to take and examine expert evidence.
Commonwealth entities and tenderers will need to understand various issues raised by the new Commonwealth Procurement Guidelines, says Brian O'Callaghan.
Which state has the most BOOs, BOOTs, privatisations and PPPs? And what sectors are the most vibrant? A new report has the answers.
Mark June 8-9 in your diary - the 5th annual National Public Private Partnerships conference is on in Melbourne, and we're sponsoring it.
By Frank Bannon and Bill Ilkovski .
