Alliance Building and Construction Pty Ltd v Veesaunt Property Syndicate 1 Pty Ltd

[2024] QCA 75

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Contract
2. › General contractual principles
3. › Construction and interpretation of contracts
4. › Interpretation of miscellaneous contracts
5. › Construction contract
6. › Conditions precedent
7. › Whether notice to proceed issued by Superintendent constituted waiver by Principal of conditions precedent
8. › Whether contract remained on foot
1. Contract
2. › General contractual principles
3. › Construction and interpretation of contracts
4. › Contractual notices
5. › Objective construction of unilateral contractual notices
6. › Whether reasonable businessperson would construe notice as waiver
7. › Standard of reasonable commercial person
1. Contract
2. › General contractual principles
3. › Conditions precedent and conditions subsequent
4. › Non-fulfilment of conditions
5. › Whether non-fulfilment renders contract voidable or void
6. › Disposition of courts to treat non-fulfilment as rendering contract voidable

Quick Take

A Superintendent's notice to proceed, issued with the Principal's authorisation, may constitute an effective waiver of unsatisfied conditions precedent under a construction contract, even where the notice does not explicitly refer to waiver.