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The Critical Path – Melbourne C&I Newsletter December 2022

Welcome to The Critical Path, HWL Ebsworth Lawyers’ Melbourne Construction and Infrastructure newsletter featuring the latest developments in construction law,…

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Valuing variations – ‘anything you say may be used against you’?

It is fairly common for a construction contract to provide that the valuation of a variation is to be as…

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Apportionment and the Wrongs Act: County Court affirms that courts are to decide whether a claim is apportionable, not parties by agreement

What Happened? The Owner entered into a building contract (Building Contract) with the Builder for the expansion of his pub…

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Owners Corporation actions and limitation periods under the Building Act 1993 clarified by the Court of Appeal

What happened? In Lendlease v OC No. 1,1 the Court of Appeal reconsidered the Supreme Court’s 2021 judgment (see our…

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Does the Domestic Building Contracts Act provide a new way for builders to obtain variation costs and an extension of time? – Jolin Nominees Pty Ltd v Daniel Investments (Aust) Pty Ltd [2022] VSCA 209

The main purpose of the Domestic Building Contracts Act 1995 (Vic) (DBCA) is to regulate contracts for the carrying out…

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Making forms your Forte – how to ensure that your terms prevail

It is a familiar scenario: A wants to engage B to provide works or services, and each of A and…

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