Remedies in the Construction Context (LAWS70112)

Construction projects produce difficult legal issues. Whether advising on the content of contracts or methods for mounting or defending claims, practitioners need to be confident in their understanding of the remedies available under various causes of action. In turn, construction lawyers need a sound knowledge of the case law (both seminal judgments and recent consideration) and legislation that underpin diverse matters, such as damages in tort for pure economic loss, penalties (including liquidated damages), recovery upon a quantum meruit, remedies under the Australian Consumer Law and the grant of interlocutory injunctions.

The lecturers bring a depth of experience to the classroom. Their experience in the analysis of such issues was gained not only during extensive practising careers but also through their writings (which include David's second edition of the seminal Brooking on Building Contracts) and many years of teaching. They also harness the specialist expertise of guest lecturers. In previous teaching of the subject, these have included leading academic lawyers, legal practitioners and judges.

Principal topics include:

• Penalties (including liquidated damages)
• Equitable remedies for breach of fiduciary duty
• Proportionate liability
• Temporary injunctions
• Recovery in tort for pure economic loss
• Remedies under the Australian Consumer Law
• Development of quantum meruit claims leading to a consideration of:
  • Quantum meruit under a contract having no agreed price
  • Restitution claims where there is no contract, or an unenforceable contract, where the contractor claims that the owner has been unjustly enriched.