Pacific Diamond 88 Pty Ltd v Tomkins Commercial & Industrial Builders Pty Ltd

• 1. Contract
  2. › Building and construction contracts
  3. › Construction of particular contracts
  4. › Security and retention funds
  5. › Recourse to security
  6. › Whether debt due and owing existed to permit recourse
  7. › AS4902-2000 General Conditions of Contract, cll 5.2, 34.7, 37.2
• 1. Contract
  2. › Building and construction contracts
  3. › Construction of particular contracts
  4. › Payment mechanisms
  5. › Set-off of liquidated damages against progress payments
  6. › Whether deletion of cl 37.2(b) from standard form removed right to set off liquidated damages progressively
  7. › AS4902-2000 General Conditions of Contract, cll 34.7, 37.2, 37.4
• 1. Contract
  2. › Construction and interpretation
  3. › Deletions from standard form contracts
  4. › Admissibility of evidence of deletions
  5. › Whether deletions negatived presumed intention
  6. › Whether evidence of pre-contractual negotiations admissible to contextualise deletions
  7. › Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337
• 1. Contract
  2. › Building and construction contracts
  3. › Liquidated damages
  4. › Certification by Superintendent
  5. › Whether certification under cl 34.7 of itself created obligation to pay
  6. › Whether certification authorised before practical completion achieved

Quick Take