08 November 2005
Welcome to the November edition of Clayton Utz Projects Insights, in which we'll survey the current state of public private partnerships and some of the challenges for the PPP market. We'll also discuss the recent change in the NSW Government's approach to interest rate risk on social infrastructure PPP projects post financial close.
We'll also look at the legal principles relating to frustrated contracts, and some of the issues which should be considered when drafting and negotiating indemnities.
Finally, we'll consider developments in security of payment, the new ACICA arbitration rules, and the legal options available to purchasers of commercial property to protect their rights if the property has a latent defect.
By Doug Jones.
Doug Jones considers some of the significant challenges for the PPP market.
By Stuart Connor.
What happens if a property has a latent defect? Stuart Connor looks at your options.
By Frazer Moss and Kyle Trattler.
In NSW, challenging an adjudicator's decision can be done in limited circumstances - but what about Queensland? As Frazer Moss and Kyle Trattler show, there is an additional and potentially wider avenue for review of adjudication determinations in Queensland.
By John Shirbin and Julian Gratiaen.
Recent projects have seen NSW more willing to accept some level of interest rate risk where this represents value for money. John Shirbin and Julian Gratiaen look at what underlies this change and the three main options for allocating interest rate risk.
By Owen Hayford.
Indemnities are useful for allocating risk in a contract, but what should they include and how do you enforce them, asks Owen Hayford.
By Michael Pryles.
Arbitration is one of the preferred methods of resolving construction disputes, so ACICA's new rules should be of particular interest to all in the construction industry, says Michael Pryles.
By Doug Jones.
What is a frustrated contract? And what are the consequences? Doug Jones and Jacqueline Radom explain what is - and what isn't - a frustrated contract.
Earlier this year Clayton Utz partner Doug Jones was accepted as an Arbitrator Door Tenant at London's Atkin Chambers.
