Australia
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| Article | Section | Place | Reviewed |
|---|---|---|---|
| Extension of timeMoving the completion date. The four elements a time claim must establish, the five defences that beat sound ones, and where each element is taken further. | Construction / Claims | August 7, 2026 | |
| Concurrent delayFive competing definitions and nine different answers on one fact pattern. Not settled law in any jurisdiction surveyed. | Construction / Claims | August 7, 2026 | |
| Notice and time barsThe element that defeats more sound claims than the other three combined. Three incompatible philosophies, and the statutory overrides now cutting across them. | Construction / Claims | August 7, 2026 | |
| Delay analysis methodsThe SCL and AACE taxonomies, why they do not map cleanly onto each other, and why your records decided the method months before the dispute. | Construction / Claims | August 7, 2026 | |
| Prolongation and delay costsThe money gateway. Compensation runs to the period the effect was felt, not to the weeks at the end of the job. | Construction / Claims | August 7, 2026 | |
| Records and evidenceWhich records support which analysis method, and what tribunals actually punish. | Construction / Claims | August 7, 2026 | |
| Extension of time in AustraliaAustralia rejected Gaymark and enforces time bars, but two states now let a tribunal strike an unfair one out. Security of payment runs state by state. | Construction / Claims | Australia | September 1, 2026 |
| Prevention and time at large in AustraliaTime at large has been declined repeatedly since Gaymark. The orthodoxy is that a contractor who fails to claim an extension keeps the completion date. | Construction / Claims | Australia | September 1, 2026 |
| Concurrent delay in AustraliaAS 4000-1997 apportions overlapping delay and AS 2124-1992 denies it. The form decides the answer, and 84% of forms are amended. | Construction / Claims | Australia | September 1, 2026 |
| Notice and time bars in AustraliaTime bars are enforced, with a new exception: Western Australia since 2022 and Victoria since 2025 can strike out a notice provision that is unfair. | Construction / Claims | Australia | September 1, 2026 |
| Liquidated damages and penalties in AustraliaAndrews means a stipulation can be struck without any breach at all, and Paciocco puts Australia further from England than before Cavendish. | Construction / Claims | Australia | September 1, 2026 |
| Prolongation and delay costs in AustraliaNo formula jurisprudence. Australian courts want actual cost proved contemporaneously, which is what most prolongation claims cannot produce. | Construction / Claims | Australia | September 1, 2026 |
| Global claims and total cost in AustraliaWhat a global claim has to plead in Australia, why Cessnock is not the delay authority it is cited as, and where the total-cost route still fails. | Construction / Claims | Australia | September 1, 2026 |
| Acceleration in AustraliaThere is no constructive acceleration doctrine. The claim is breach of the Superintendent's duty, and pleading the American doctrine loses it. | Construction / Claims | Australia | September 1, 2026 |
| Delay analysis methods in AustraliaFour decisions, four positions, thirteen years. Alstom, White Constructions, V601 and Santos v Fluor disagree on what a method has to be. | Construction / Claims | Australia | September 1, 2026 |
| Records and expert evidence in AustraliaConcurrent evidence, the Harmonised Expert Witness Code, and why White Constructions turned on records rather than on methodology. | Construction / Claims | Australia | September 1, 2026 |
| Limitation and long-stops in AustraliaSix years almost everywhere, three in the Northern Territory, and a ten-year building long-stop in Victoria that substitutes rather than sits alongside. | Construction / Claims | Australia | September 1, 2026 |
| Security of payment in AustraliaEight regimes, two models, and the question that decides a delay claim: whether an extension of time is adjudicable at all in that state. | Construction / Claims | Australia | September 1, 2026 |
| VariationsScope and price. The five elements a variation claim must establish, why agreeing a value may not pay for the time it cost, and where each element is taken further. | Construction / Claims | August 7, 2026 | |
| What counts as a variationThe scope question, and why the Privy Council held in 2026 that it turns on the contract terms rather than on how the parties behaved on site. | Construction / Claims | August 7, 2026 | |
| Written instruction and waiverYou did the work and there is no written instruction. Five regimes, five answers, and on US public work the rule is one estoppel cannot cure. | Construction / Claims | August 7, 2026 | |
| Constructive and deemed variationsThe claim for a variation nobody instructed, and why the doctrine does not exist outside the United States, only functional substitutes measured differently. | Construction / Claims | August 7, 2026 | |
| Valuation and the pricing ladderContract rates, then adjusted rates, then a fair valuation, then daywork. You may not skip a rung, and NEC4 has no ladder at all. | Construction / Claims | August 7, 2026 | |
| Change order releasesImpact claims die in signed change orders, not in tribunals. The reservation language that works, and two citations the commentary gets backwards. | Construction / Claims | August 7, 2026 |