What is the Prevention Principle Where one party to a contract (the first party) is in breach of it and that breach in turn causes the other party (the second party) to also be in breach,…
Does a builder owe a duty of care to subsequent purchasers?
A recent ruling by the Queensland Court of Appeal underscores the narrow conditions under which a builder is obligated to exercise care towards subsequent property purchasers. In the case of Raymond v Lewis [2024] QCA 43,…
Speedy, Cost-effective Litigation: The Way Forward
On 4 March 2024, Chief Justice Helen Bowskill of the Supreme Court of Queensland’s new Practice Direction (Number 2 of 2024) will come into effect, which will dramatically improve how large and complex building, engineering and…
Are your Construction Contract Terms Unfair?
Contracts are crucial in the business world, especially in the building and construction industry. They outline the rights and responsibilities of each party involved. However, not all contract terms are fair or equitable. The Australian Competition…
Navigating Fixed Price Building Contracts
We have noticed an increase in builders seeking to either terminate or increase the contract sum for fixed lump sum building contracts. It is no secret that the past few years have been challenging for builders,…