Dorter & Sharkey, Building and Construction Contracts in Australia: Law and Practice, is an authoritative and a detailed guide to the principal standard forms of building and construction contract currently in use in Australia. This highly regarded product has been designed as an essential reference tool to assist parties to construction contracts, their consultants and advisors.
The authors provide a detailed analysis of the principles and authorities and of the provisions of the standard forms. In addition, they also discuss comparable clauses. The product serves to draw attention to the many problems and traps which, because of the drafting of clauses, can and do become financially considerable for parties to construction contracts.
The product contains a selection of groundbreaking judgments specifically selected by the authors. The added value of an "author note" concisely highlights the commercial significance, implication and ramification of the findings in the judgment. Cross-references to the related commentary are included at the end of the author note, ensuring this product is an easy-to-use reference guide for specialists and non-specialists alike.
Legislation contains cross-referenced annotations, noting the location and main point of discussion within the insightful commentary. Features such as recommended reading, the extensive coverage of legislation with Editor's Notes, cross-references to cases and articles published in the Building & Construction Law journal, plus State-based Court Practice Notes, highlight the ways in which this product is an essential guide and reference.
Features
- Written by two leading practitioners, the late John B Dorter and JJA Sharkey, their commentary is divided into 14 distinct chapters discussing principles and providing relevant cases as examples.
- Provides discussion on major standard form contracts and subcontracts such as AS4000, 4901, AS4902 and 4903, AS 2124, JCC, ABIC MW-1 major works contract, RAIA Client Architect Agreement.
- Standard Forms, Rules of Court and Practice Notes, Other Materials.
- Legislation includes - Security of Payment (NSW), (Vic) , (Qld) and (NT), Worker’s Liens legislation (SA), editor’s note on Construction Contracts Act 2004 (WA) and Construction Contracts Regulation 2004 (WA) and Evidence Act 1995 (NSW), extracts of the Competition and Consumer Act 2010 (Cth), Trade Practices Act 1974 (Cth) [repealed] and Commercial Arbitration Act 2010 (NSW). Selected provisions of some of the legislation are annotated with cross-references to commentary
- Extensive table of leading construction law cases.
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