The Corrs Construction Law Update provides a concise review of, and commercially-focussed commentary on, the major judicial and legislative developments affecting the Australian construction and infrastructure industry.

This edition considers and offers key takeaways from a number of recent cases, including:

  • Important Security of Payment Update (Keywords: security of payment; High Court; jurisdictional error; non-jurisdictional error)
  • Thorne v Kennedy [2017] HCA 49 8 (Keywords: contract; duress; undue influence; unconscionable conduct)
  • Kawasaki Heavy Industries Ltd v Laing O’Rourke Australia Construction Pty Ltd [2017] NSWCA 291 (Keywords: performance bonds; injunction)
  • Building Industry Fairness (Security of Payment) Act 2017 (Keywords: Queensland security of payment; project bank accounts)
  • ASC AWD Shipbuilder Pty Ltd v Ottoway Engineering Pty Ltd [2017] SASCFC 150 (Keywords: arbitration; right of appeal; implied term)
  • Adventure Golf Systems Australia Pty Ltd v Belgravia Health & Leisure Group Pty Ltd [2017] VSCA 326 (Keywords: facilities management; renewal of agreement; fiduciary duties)
  • L U Simon Builders Pty Ltd v Victorian Building Authority [2017] VSC 805 (Keywords: directions to fix building work; flammable cladding)
  • Fluor v Shanghai Zhenhua Heavy Industry Co Ltd [2018] EWHC 1 (Keywords: assessment of loss; waiver; delay analysis)

We hope you find this edition of our Construction Law Update interesting and stimulating.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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