Construction Act Review by Peter Sheridan, Shadbolts Construction Law Journal 2006 Vol. 22 No. 5 p.324
The focus of the regular column is s.113 of the HGCR Act and its effect on pay-when-paid clauses and their near relative pay-when-certified. The nearness of the relationship was, of course, emphasised by the outcome of Midland Expressway v Carillion (Nerys Jefford) in the TCC (see now the CA decision, but not on this point), which is one of the main points of focus of the article. The other is Durabella v J. Jarvis. The article gives the Latham background to the legislation and considers s.113 itself which is criticised for the outcome of the Midland Expressway case.
Award of costs: appeal allowed
John Roberts Architects v Parkcare Homes (No....
Specific Questions relating to this article should be addressed directly to the author.
A new law (the "Law") which will affect every existing homeowners association ("HOA"), and those formed hereafter, was signed by Governor Strickland on June 10, 2010.
On 22 July, the Scots Inner House dismissed the appeals in City Inn v Shepherd Construction, some ten years since the action was commenced and some two and a half years since the decision given by the Outer House, a decision which rocked the delay analysis community at the time and has continued to create doubts in particular over the proper approach to dealing with concurrent delay when assessing claims for extension of time (EoT) under JCT-style contracts.
The decision of the Inner House in City Inn v Shepherd Construction delivered on 22 July is important for its treatment not only of the extension of time clause in JCT style contracts but also of a time bar clause.
Very few in the hotel industry will be unaware of the recent problems affecting the Banyan Tree Al Areen resort in Bahrain (which we understand may be rebranded as "Al Areen Palace and Spa" subject to receipt of necessary approvals).
Over several months in 2007-2008, the Supreme Judicial Court (SJC) issued nine decisions under Chapter 40B, the Commonwealth’s affordable housing law—more cases than it had decided in the prior decade.
The Ministerial Regulation regarding the Common Town and City Planning for the beach front and adjacent areas in the Kok Gloy and Tai Muang Communities in the Phang Nga Province has been proclaimed and published in the Government Gazette, and is effective for five years from 3 July 2010 to 2 July 2015.
The Building Energy Efficiency Disclosure Act 2010 (Cth) (the Act) commenced on 1 July 2010. Introduced as part of the Federal Government's National Strategy on Energy Efficiency, the Act places obligations on owners and landlords of large commercial office spaces to disclose energy efficiency information to purchasers and tenants
Up to 30 June 2010, the registration fee payable to the Land and Property Management Authority (previously the Land Titles Office) for the transfer of a property in New South Wales - residential, commercial or rural - irrespective of the purchase price was $190.
