› where subcontract provided for an extension of time regime including a power for the contractor to extend time “in its absolute discretion” and with “no obligation to extend, or to consider whether it should extend”
› contractor not obliged to act reasonably with regard to the prevention principle or in good faith due to contractual scheme and language used
Contracts
› remedies
› liquidated damages
› penalty
› where residential building subcontract provided for delay damages at a rate of $3,500 per day
› stipulated rate not penal in character
Case Details
Citation[2021] NSWSC 290
CourtNSWSC
JurisdictionNew South Wales
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