Entitlement to delay costs – contract construction

Allens Arthur Robinson

The Supreme Court of Queensland has refused to make a declaration on whose role it is under a contract to determine whether certain extensions of time give rise to delay costs. In dismissing the contractor’s application, the court found that, on the proper construction of the contract, the parties intended certain extensions of time to attract delay costs while others would not. Furthermore, it was the expert quantity surveyor, and not the programming expert, whose job it was to determine the entitlement to delay costs. [Case ref: Northbuild Construction Pty Ltd v Discovery Beach Project Pty Ltd [2010] QSC 238.]

Reproduced with permission of Allens Arthur Robinson and in accordance with their terms of use.

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