Contracts

An adjudicator’s decision awarding $10 million to a builder on Queensland developer Heran Group’s high-rise luxury apartment building in Main Beach lacked procedural fairness after he went outside the parties’ submissions, a judge has found. 

Insurer Liberty Mutual has argued that CPB Contractors and John Holland's $150 million in claims in relation to Sydney's North West Rail project are largely out of time, in a lawsuit alleging the insurer breached its duty of good faith.

A judge has set aside a SOPA determination after finding a verbal conversation between a developer and a crane supplier did not constitute a construction contract.

A Heran Group unit has lost its challenge to orders that $4.8 million be paid to a Queensland builder from an escrow account held by HWL Ebsworth amid an appeal in its dispute over a $128 million contract for beachfront apartments. 

A judge has found there is a genuine dispute over an agreement for the recommissioning of Australian Pacific Coal's Dartbrook coal mine in the Hunter Valley and refused to toss a suit alleging its ex-CEO breached her duty by entering into the agreement. 

A judge wants answers on why builder Geocon has filed a $4 million construction dispute over two Canberra developments in the Federal Court, where a separate fight with its joint venture partners is playing out. 

A real estate agency in Victoria has lost a suit seeking the payment of its advertising costs from a former client, with a judge finding that writing 'TBA' in the contract defeated the consumer protection purpose of rules for real estate agents.

Alinta Energy has won an urgent injunction against former contractors working on the Wagerup power station in Western Australia, saying delays on the project have caused daily losses of $137,000 in revenue since mid-July. 

The owner of Perth’s Eastpoint Plaza has denied infringing the copyright for office suite drawings by design firm HUB Interiors, saying the firm provided it with a licence and knew the plans might form part of its leasing arrangements with tenants. 

Airport operator Australia Pacific Airports Corporation has won its bid to delay an upcoming trial in a dispute with Dexus over alleged breaches of a shareholder deed, after the real estate asset manager discovered 20,000 documents only last week.