In construction subcontracts, an exclusion of liability for 'economic loss' bears its ordinary meaning of financial or monetary loss and is not limited to the tortious concept of 'pure economic loss'. The English line of authority treating 'consequential loss' as limited to losses under the second limb of Hadley v Baxendale should not be followed in Australia. A head contractor who fails to provide a regularly updated works program to a subcontractor breaches implied duties of cooperation and good faith. Where a contractor's own breaches prevent a subcontractor from meeting time requirements, the prevention principle applies and liquidated damages cannot be deducted. An expert witness who is an employee of a party and whose evidence is contaminated by instructions from the employer and lacks independence will have their evidence treated with considerable caution.
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