Projects Insights

30 June 2009

Welcome to the June edition of Projects Insights, in which we'll look at:

  • the current landscape for mature dispute resolution in Australia
  • running an effective tender process when there's an incumbent contractor
  • exclusions under insurance contracts for "defective or faulty design"
  • the availability charge model for infrastructure projects
  • the right of a builder to sue on a quantum meruit basis where it accepts an owner's repudiation; and
  • a "'construct only'" contractor's liability for design defects.

Mature dispute resolution processes - Ripe for the picking?

By Clare Mulholland and Louise O'Reilly.

In the second part of our series on dispute resolution trends and options, Clare Mulholland and Louise O'Reilly consider the current landscape for mature dispute resolution in Australia and the effectiveness of the traditional processes of litigation and arbitration.

Incumbent contractors: levelling the playing field

By Steven Power.

It's hard being the new kid in school - or the new contractor in a tender process. Incumbent contractors often have the edge in a re-tender, but as Steven Power shows, there are ways to level the playing field and ensure everyone gets a chance.

Innovation and design risk in construction projects

By Dan Thompson and Brooke Coghlan.

Most builders' risk policies specifically exclude insurers' liability for loss caused by "defective or faulty design". Will Australian courts be encouraged to reconsider the "defective or faulty design" exclusion after a recent Canadian decision, ask Dan Thompson and Brooke Coghlan.

The what and why of road availability charges

By Stuart Cosgriff.

Tight credit markets have sparked an interest in Australia in the use of "availability payments" as a tool for attracting private finance to the construction and maintenance of new roads. Stuart Cosgriff looks at their main features.

Vic Appeal Court confirms builder's right to claim a quantum meruit where owner repudiates contract

By Leah Ratcliff and Mathew Stulic.

An owner repudiates its contract with the builder. What can the builder do now? Leah Ratcliff and Mat Stulic look at quantum meruit.

Did you know… a "construct only" contractor can be liable for design defects?

By Owen Hayford.

You're building under a "construct only" contract, so you don't have to worry if the design is flawed - right? Wrong, says Owen Hayford - you might be liable if you don't warn the owner.
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