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Fenwick Elliott Grace is an Australian law firm based in Adelaide and Darwin, specialising in construction, energy and engineering projects. The firm is designed to provide world-class professional standards in this specialist field without large firm overheads.

 

 

 

Construction Law Updates

No.1504

Terminating the engagement

A recent NSW Supreme Court decision in Southern Han Breakfast Point Pty Limited v Lewence Construction Pty Limited [2015] NSWSC 502 examines whether an adjudicator has the power to make a determination that the builder is owed a further progress payment under the AS4000-1997 contract after the work has been taken out of its hands.

This decision is likely to have persuasive influence in SA and other States that mirror the NSW legislation and may provide a strategic advantage to principals.

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