2.2.1  Project Deed

The document is executed by the parties as a deed. Under Victorian Law, the limitation period within which an action can be brought for breach of a deed is 15 years from the date of the breach, compared to the period of time within which an action can be brought for breach of contract which is six years from the date of the breach (see sections 5(1) and 5(3) of the Limitation of Actions Act 1958 (Vic)). The time from which a limitation period runs varies with the nature of the Claim (e.g. breach of contract, breach of warranty and negligence) and the Liability for loss (e.g. Liability for general damages or for losses on an indemnity basis).

Respondents should also be aware of other statutory limitation periods in Victoria that may limit the period of time in which actions can be brought under the various Project Documents. For example, section 134 of the Building Act 1993 (Vic) has the effect that a building action, which includes a building action in respect of Defects, cannot be brought more than 10 years after the issue of the Certificate of Commercial Acceptance for certain assets. Shortlisted Respondents should seek legal advice on the implications of section 134 of the Building Act in the context of each particular project.