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It is a common scenario in the Australian construction industry…

The contractual date for completion between a head contractor and a subcontractor comes and goes, without complaint or an extension of time claim.

The NSW Court of Appeal’s recent decision in Probuild Constructions (Aust) Pty Ltd v DDI Group Pty Ltd [2017] NSWCA 151 (Probuild v DDI) considers the prevention principle and finds that a duty of good faith may be applied to the discretion to extend time in construction contracts.

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