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Reasonable endeavours versus best endeavours - Apr 2017

As we all know, the terms “reasonable endeavours” and “best endeavours” are commonly used terms in construction contacting, and are also used as an alternative to “must” or “shall”, which requires a party’s mandatory compliance. It is also common place for a party to use the terms “to use reasonable or best endeavours” to limit strict compliance with the Contract.  In reality, the real difference in the standard imposed by these terms may be surprising to parties whom believe that merely attempting to satisfy the obligation is sufficient. Andrew MacGillivray, Senior Associate and Denise Burloff, Law Graduate discuss.

Delivery of a USB is not valid service under SOP - Mar 2017

The New South Wales Supreme Court recently decided that delivery alone of an adjudication application by a USB stick is not valid service under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act).  Andrew MacGillivray, Senior Associate discusses the case and the key lessons.

To stay the enforcement of a decision under the SOP regime – One must move quickly - Mar 2017

In the recent decision of Atlas Construction Group Pty Limited v Fitz Jersey Pty Limited [2017] NSWSC 72, the NSW Supreme Court determined that where a respondent to an adjudication decision files for a review of the decision, but fails to formally (or by agreement) stay the enforcement of that decision, the Court is unlikely to interfere.  Andrew MacGillivray, Senior Associate discusses the case and lessons learned.

Security of Payment Update: Mediation clause found not to be a ‘method of resolving disputes’ - May 2016

The Court of Appeal has today clarified that a contractual provision mandating attendance at mediation prior to litigation is not a ‘method of resolving disputes’ for the purpose of s10A(3)(d)(ii) of the Building and Construction Industry Security of Payment Act 2002 (Vic) (Act).

Impacts of insolvency on construction projects - Aug 2015

The insolvency of one of the principals, contractors or subcontractors can seriously impact a construction project at all levels of the supply chain. Infrastructure and Projects partner, Ted Williams looks at the issue and some practical thoughts on drafting contracts to help mitigate these risks.

Australian Infrastructure Projects - Aug 2015

Infrastructure projects worth over AUD$50 billion are currently being planned in Australia, representing a major opportunity for participants in the infrastructure and construction industries. Partner, Tania Zordan outlines some of the major projects being run across states and territories.

Global Infrastructure Hub moves to operational phase in Sydney - Aug 2015

New South Wales will play a significant role in global infrastructure by hosting the Global Infrastructure Hub (Hub). The arrival of its CEO in Sydney earlier this month will shift the tone of the Hub to a more operational phase moving forward. Sydney is the ideal location, given the NSW government’s current mandate to invest $20b in infrastructure and encouragement of private sector investment and participation. Partner, Tania Zordan discusses the Hub's status below.

SOP Act decision clarifies scope for judicial review of adjudication determination after entry of judgment - Aug 2015

The decision in Amasya Enterprises Pty Ltd & Anor v Asta Developments (Aust) Pty Ltd & Anor [2015] VSC 233 (2 June 2015) clarifies that s28R(5) of the Building and Construction Industry Security of Payment Act 2002 (Vic) does not prohibit the judicial review of an adjudication determination on grounds of jurisdictional error. Associate, Pei Yau looks at the decision.

Updates on the principles applicable to attempts to restrain recourse to unconditional bank guarantees - Jul 2015

Partner, Megan Calder and Associate, Pei Yau review a number of recent cases that have all considered issues relating to attempts to restrain recourse to unconditional bank guarantees.

Global Infrastructure Hub - March update - Mar 2015

Since our previous update in January 2015, which can be viewed here, further progress has been made in establishing the Global Infrastructure Hub. The race is on for the Hub to become operational in time to secure deliverables at the Leaders' Summit in Antalya, Turkey on 15-16 November 2015. Partner, Tania Zordan provides an update on the project's progress.

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