The Professional Indemnity Insurance Crisis: Not Just a Supply Chain Issue

In March 2021, the Construction Leadership Council published its findings of a recent pan-industry survey of over 1,000 firms, which confirmed a widespread problem experienced by many construction and architecture firms in obtaining professional indemnity insurance (“PII”) cover.[1] The survey found that companies were being prevented from taking on projects, and even having to change … Read more

Managing Contractor Insolvency: Part 1 – key signs and implications of contractor insolvency and further consequences of insolvency involving a joint venture contractor

One of the biggest risks faced by an employer in a construction project is the impact of the main contractor becoming insolvent, particularly in the current economic climate where it has become clear that main contractors are not regarded as being “too big to fail”. In this 3-part blog series, we discuss how this risk … Read more

Case Digest: The importance of the written word – delays in moving (Heaven) and Earth

In Lucas Earthmovers Pty Limited v Anglogold Ashanti Australia Limited [2019] FCA 1049, the Federal Court of Australia considered several issues that typically arise in large-scale resources projects. In so doing, it reinforced the sanctity of the agreed bargain between the parties and highlighted the inherent difficulties in proving the oft-claimed, but rarely successful, misleading … Read more