Jabbcorp (NSW) Pty Ltd v Strathfield Golf Club

[2021] NSWCA 154

NSW Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Construction
3. › Design and construct contract
4. › Definition of 'Excluded Works'
5. › Whether works required under contract fell within exclusion entitling contractor to additional payment
6. › Significance of definition commencing 'Notwithstanding any other clause'
7. › Clause required to be read as a whole harmoniously with other provisions
1. Contract
2. › Construction
3. › Grammatical and syntactical analysis
4. › Relative clause with contingent and future tense
5. › Whether conditional language directed to works not presently required but which might be required in future

Quick Take

A definition of 'Excluded Works' with conditional and future language ('if required to be carried out, will constitute a variation') will ordinarily be construed as directed to works not presently required under the contract, not works already obligatory at execution.