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Judicial consideration of LEG2 and LEG3
As observed in the prior edition of Constructive Notes, “Judicial consideration of London Market Design (DE) Clauses”, commonly contract works policies utilised in major projects (whether written locally or by United Kingdom (UK) underwriters) are incorporating an exclusion from one of two sets of clauses derived from UK industry bodies. There had not until relatively recently been any reported judicial consideration of the operation of the other set of clauses (London Engineering Group (LEG) Defects Wording). A 2015 decision by the Court of Appeal for British Columbia provided the first considered judicial analysis of the operation of an LEG 2/96 Defects Exclusion, notwithstanding a large question mark over the status of the decision. More recently, US courts have handed down judgments in two cases which provided the first judicial consideration of the LEG 3 Exclusion. These cases are analysed in this newsletter by Partner Patrick Mead along with their likely impact in Australia.
Carter Newell is certified as a Family Inclusive Workplace by Family Friendly Workplaces. The certification acknowledges workplaces that excel across five critical pillars: flexible work, parental leave, family care, family wellbeing, and leadership culture. Carter Newell is committed to nurturing a workplace where our people don’t have to choose between excelling at work and being fully present with their families. Through our Family Inclusive Workplace certification, we’re putting that belief into action.
12 August 2025
Carter Newell is pleased to have been named as a finalist across three categories in the Lawyers Weekly’s Australian Law Awards 2025. The firm is a finalist for the Insurance Team of the Year and Dispute Resolution and/or Litigation Team of the Year. We congratulate Partner Patrick Mead who is also a finalist for Litigator of the Year, following on from his recent win as Partner of the Year for Construction, Projects and Infrastructure.
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Our Planning and Environment team is proud to have assisted Malchi Holdings Pty Ltd in securing approval for the Malchi-Nine Mile Quarry located west of Rockhampton. The quarry is well positioned to make a strategic contribution to the delivery of the regionally significant Rockhampton Ring Road and Bruce Highway upgrade.