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Article 28-10-2022
In 2020, the NSW Government implemented significant reforms focused on creating clear lines of accountability for defective building work. The reforms include the introduction of a statutory duty of care owed by ‘persons’ who carry out ‘construction work’ to take reasonable care to avoid economic loss caused by defects (Statutory Duty).
Article 27-10-2022
In an arbitration matter Kennedys is involved in, the South Australian Court of Appeal has delivered much-needed clarity on the issue of apportionment in commercial arbitration proceedings as they relate to South Australia. In this article we provide an overview of the decision and its implications for clients, particularly when drafting arbitration clauses.
Article 12-10-2022
This update includes a round-up of recent court decisions dealing with delay damages, contractual caps on liquidated damages, remoteness of loss, and loss of chance.
Case review 12-10-2022
In Essential Living (Greenwich) Limited v Elements (Europe) Limited [08.06.22], the High Court considered the effect of adjudication decisions and how they operate in conjunction with construction contracts, in particular with regards to liquidated damages, extensions of time and damages for delays, and how this may impact any final trade contract sums.
Report 13-07-2022
Our latest global report finds that the insurance industry has a central role in building wider understanding about climate-related risks and in mitigating against those risks.
Article 07-07-2022
This update includes a round-up of recent court decisions dealing with the definition of a construction contract, enforcement of adjudication decisions by companies subject to a CVA, pay less notices, contract interpretation and co-insurance.
Case review 07-07-2022
Is a collateral warranty to a construction contract also classed as a construction contract? The answer had been taken for granted until a decision arose which found a particular collateral warranty was actually not a construction contract for the purposes of the Housing Grants (Construction & Regeneration) Act 1996. As a result, it did not include the statutory right to adjudicate, and an adjudication brought in relation to it was invalid for lack of jurisdiction.
Article 25-05-2022
The law of prescription is set to change on 1 June 2022, when Sections 5 and 13 of the Prescription (Scotland) Act 2018 finally come into force.
Article 09-05-2022
The State Opening of Parliament will take place on 10 May 2022, with the Queen’s Speech setting out the Government’s agenda and economic plans for the next session. We take a look at what new laws could be announced and what measures from last year’s Queen’s Speech are confirmed as being carried over.
Report 28-04-2022
In this report, Kennedys experts highlight recent legal and regulatory developments in the product safety and product liability sphere, and provide an overview of the key topics and trends that are likely to impact upon corporates and their insurers in the months ahead.
