CONSTRUCTION LAW NEWSLETTER
Simon Taylor. Brisbane Building & Construction Barrister.
FEATURE
Perera v Bold Properties (trading as Bold Living) – where a price escalation clause in domestic building contract was found to be void in law
In Perera v Bold Properties (QLD) Pty Ltd [2023] QDC 99, His Honour Barlow KC DCJ found a price escalation clause, used by a building company Bold Properties (Qld) Pty Ltd (trading as Bold Living), to be void in law and thus severable from the Contract. The result was that the domestic building contract remained on foot at a fixed price and the builder was unable to use the price escalation clause.
FROM THIS ISSUE
A summary of recent amendments to the QBCCA
A review of amendments to the Queensland Building and Construction Commission Act 1991
Direction to rectify: the fundamentals
An introduction to the law of reviewing a direction to rectify.
Is a demand for payment of a stage out of sequence a repudiation?
The case of Cardona v Brown [2012] VSCA 174 at [67] to [76] would seem to indicate so.
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