V601 Developments Pty Ltd v Probuild Constructions (Aust) Pty Ltd [2021] VSC 849


The case of V601 v Probuild [2021] VSC 849 involved a dispute over a number of delays and variation claims, with the independence of the superintendent who was responsible for making a number of the decisions, being called into question.

In 2011, V601 Developments Pty Ltd (V601), the Principle, entered into an AS4902-2000 contract with Probuild Constructions (Aust) Pty Ltd (Probuild), with First Urban Pty Ltd (First Urban) acting as superintendent (having both duties for contract management and duties to assess and certify works, variations and claims), for the construction of a combined residential and commercial project comprising approximately 467 apartments, related facilities and further commercial premises.

After a number of delays and rejection of EOT requests by First Urban, the project was finished in or about December of 2013. V601 subsequently made a claim against Probuild for Liquidated Damages in the amount of $4,712,519 and Probuild counterclaimed for Acceleration Expenses in the amount of $1,834,853 and Delay costs in the amount of $741,365.

At trial, Probuild claimed that the superintendent had conspired with V601 to limit EOT and Delay claims in breach of their obligations to impartiality and independence.


Whether First Urban had breached their duties in rejecting a number of EOT and Delay claims?

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