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Liquidated Damages: A Sole Remedy for Delay?

Contact: Patrick Mead; Carter Newell (Queensland, Australia) In the first of the March 2014 editions of Constructive Notes, the writer observed that oftentimes exclusion of liability clauses and liability caps are mech ...

Excluding Consequential Loss – Do You Really Know What You Are Not Getting?

Contact: Mark Kenney; Carter Newell (Queensland, Australia) In an article in the first of the March 2014 editions of Constructive Notes, consideration was given to the operation of exclusory or limiting provisions direc ...

Dealing with Emerging Risks – DSU Insurance

Contact: Patrick Mead; Carter Newell (Queensland, Australia) Carter Newell has recently been involved with issues relating to the treatment of the emerging risk to revenue of projects under construction, by way of the r ...

The Queensland Court of Appeal Overturns Decision of Agripower Applying Ordinary Meaning of the Word ‘Land’

Contact: David Rodighiero and Kyle Trattler; Carter Newell (Queensland, Australia) J & D Rigging Pty Ltd v Agripower Australia Ltd & Ors [2013] QCA 406 On 20 December 2013, the Queensland Court of Appeal (1) overt ...

Exploring Limitations of Liability and Exclusions of Categories of Loss

Contact: Patrick Mead; Carter Newell (Queensland, Australia) There is a distinction between an exclusion clause, the effect of which is to either absolve a party for the consequences of a breach of contract or duty or t ...

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