V601 v Probuild [2021] VSC 849 (22 December 2021)
Sorry I missed this case 2 years ago. V610 was the Developer, Probuild was the Contractor. Mr Justice Digby (the Judge in charge of the Victorian Supreme Court Technology and Construction List) was considering competing claims for liquidated damages from the Developer, and claims for EOTs and Variations from the Contractor.
His Honour, in a very detailed judgment, was critical of the Superintendent’s impartiality, and separately, took an reasoned view as to the interpretation of the time bar provisions.