Australian Construction Contract

Question 3.1: What are 'latent conditions'? Discuss the possible ambiguities of the latent site condition clause in some of the standard form contracts and consider how these are treated by common law. Compare how latent conditions are treated in commercial buildings versus domestic buildings.

a) Define latent conditions

b) What are the ambiguities in the latent site condition clauses?

c) How do the different clauses deal with this?

d) How do the different cases deal with this?

e) Consider all of the above in domestic and commercial building contracts

Each answer (for all questions) must set out a full explanation with all relevant authorities consisting of the use of secondary and primary sources (contained in both the text of your answer and reference any necessary attachments). Primary sources consist of case-law reports, statutory sections and standard form construction contracts. Secondary sources are textbooks and journal articles).