Australia: When mitigation becomes repudiation: the perils of terminating a building contract

decision of the Appeal Panel of the Civil and Administrative Tribunal of New South Wales, delivered on 12 February 2016, is a timely reminder of how easily an act of mitigation can be construed as an act of repudiation. While the “one must mitigate one’s loss” mantra is so ingrained in the minds of principals, contractors and practitioners alike, careful consideration should be given to how intentions are communicated when terminating a contract.

Principal […]

By |March 18th, 2016|

Hong Kong: Legal Developments In Construction Law

Mrs Lejonvarn carried out professional services for Mr and Mrs Burgess on their garden landscaping project. They were, until a dispute arose, good friends and there was, so the court found in deciding preliminary issues, no contract between them for the professional services that Mrs Lejonvarn provided for the groundworks phase. There was also no fee for the services; Mrs Lejonvarn expected to charge a fee for a later phase of the project. But, […]

By |March 16th, 2016|

Court clarifies when development application material can be used in interpreting a development approval

A key legal issue that has been creating uncertainty for developers and local governments is the extent to which the development application can limit the scope of a development approval.

For example, if a development application for a retail complex contains proposed operating hours, but the Council fails to include a condition in the development approval that restricts opening to those hours, does the developer nonetheless have to comply with the restriction stated in its […]

By |March 14th, 2016|