An examination of the liability of a construction contract certifier who gets it wrong
Construction contracts often provide that decisions under the contract will be made by a certifier. This paper reviews the liability issues when a certifier makes a mistake. We do that in light of recent pronouncements by the High Court of Australia and the New South Wales Court of Appeal on negligence. We look at this question in the context of traditional construction contract arrangements and also consider the implications for Public Private Partnerships and the typical contract arrangements entered into to facilitate these transactions.
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|Item Type:||Journal Article|
|Keywords:||construction contracts, liability of certifiers, public private partnerships|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Tort Law (180126)
|Divisions:||Current > Research Centres > Commercial & Property Law Research Centre
Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
|Copyright Owner:||Copyright 2013 Michelle Backstrom & Jennifer Yule|
|Copyright Statement:||This work is licensed under a Creative Commons Attribution 3.0 License|
|Deposited On:||21 Jan 2014 03:08|
|Last Modified:||29 Jan 2014 04:40|
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