Projects Insights

04 September 2007

Welcome to the September edition of Clayton Utz Projects Insights, in which we'll look at the NSW Government's new Commercial Principles - what do they mean for risk allocation in PPPs?

We'll also look at how to limit your liability generally, who's in charge of a workplace construction and maintenance purposes, and whether you can protect your designs in construction using patent law.

NSW Government's "Working With Government: Risk Allocation and Commercial Principles"

By John Shirbin.

In the first of a two-part article, John Shirbin examines the Relief Event, Force Majeure and Compensation Event Regimes of the NSW Government's new Commercial Principles.

Achieving best practice in PPP procurement: The RailCorp RollingStock PPP

By Owen Hayford.

Owen Hayford explains the details of this groundbreaking Public Private Partnership and its sophisticated approach to risk allocation which ensures a workable solution that delivers a value-for-money outcome to the State’s taxpayers.

Can you patent a building? You can bet your house on it!

By Nicholas Tyacke and Anurag Verma.

The architectural, building and construction industries generate a tremendous amount of intellectual property, much of which is protected by copyright. Should you be looking to patent law too? In the right circumstances, say Nicholas Tyacke and Anurag Verma, a patent could be the solution.

A Peerless approach to excluding or limiting liability

By Owen Hayford and Jennifer Arnold.

What's a consequential loss? What's a direct loss? They're critical terms in limiting your liability, but what you think they mean might not be what a court says, as Owen Hayford and Jennifer Arnold show.

Control of a workplace for construction and maintenance purposes

By Trevor Thomas.

Who's in control of a workplace? As Trevor Thomas explains, a recent case held that a contractor providing facilities management services was.
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