by Logan Cavanagh | 7 September, 2020 | Construction Dispute Resolution, Contract Drafting and Negotiation, Litigation, Mediation, Adjudication, and Expert Determination
May Harlow Pty Ltd v Winten (No 48) Pty Ltd [2020] NSWSC 1011 Alternative dispute resolution mechanisms are becoming widely used across all sectors, not just in the building and construction industry. This is because they are often cheaper and faster when compared to...
by Jessica Rippon | 23 February, 2018 | Litigation, Mediation, Adjudication, and Expert Determination, Security of Payment
The Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Act”) aims to ensure that any individual is entitled to quickly receive and be able to recover progress payments for carrying out construction work (or for providing related...
by Jessica Rippon | 20 May, 2017 | Construction Dispute Resolution, Litigation, Mediation, Adjudication, and Expert Determination
A Calderbank offer is an offer of settlement made in a “without prejudice” communication, which can have its confidential nature waived in an application for indemnity costs (Calderbank v Calderbank [1975] 3 All ER 333). Making a “without prejudice” settlement offer...
