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Author: Jackson Cain

This author has written 4 articles
Home Jackson Cain
NSW Court Of Appeal Upholds Decision On Claim Against Builder For Breaches Of Contract

NSW Court of Appeal upholds decision on claim against builder for breaches of contract

  • January 17, 2020

Visual Building Construction Pty Ltd v Armitstead (No 2) [2019] NSWCA 280 Background In proceedings originally brought in the District Court of New South Wales on 23 March 2017, David Armitstead and Maria-Luisa Patisso (the ‘Owners”) sought damages for breach…

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NSW Court Upholds Valid Common Law And Contractual Right To Terminate Contract

NSW Court upholds valid common law and contractual right to terminate contract

  • February 6, 2019

Eden Co Construction Pty Ltd v Leed Engineering and Construction Pty Ltd [2018] NSWSC 1882 In closing out December 2018, the NSW Supreme Court have upheld a decision of the Queanbeyan Local Court determining that common law rights to terminate…

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A Step Too Far (…or Not Far Enough) | Take Care When Tendering On Projects

A step too far (…or not far enough) | Take care when tendering on projects

  • February 4, 2019

Be careful what is and is not included in your tender at the preparation stage.  In a recent enquiry received at Keystone Lawyers, two owners of a property engaged a builder to perform renovation works on their family home. These…

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“Determined Not To Pay?” Challenging And Preventing The Enforcement Of Adjudication Determinations

“Determined not to pay?” Challenging and preventing the enforcement of Adjudication Determinations

  • March 23, 2018

The purpose of the Building and Construction Industry Security of Payment Act 1999 (NSW) (the "SOP Act") is to facilitate payments throughout a construction project, it does not operate as a means of dealing with all contract disputes between parties.…

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