Termination of construction contracts – the issue of good faith
Bundanoon Sandstone Pty Ltd v Cenric Group Pty Ltd [2019] NSWCA 87 (30 April 2019) (Meagher, Gleeson and McCallum JJA). Issue and Outcome The NSW Court of Appeal held that a show cause notice issued by a principal under a construction contract was not issued in good faith (because it was redolent of bad […]
ReadmoreLarge retailers may be given the green light to collectively purchase electricity
You may or may not have seen in the media that on 20 September 2019 the Australian Competition and Consumer Commission (ACCC) released a draft determination and interim authorisation giving members of the Large Format Retail Association (LFRA) a green light to begin the initial steps to collectively negotiate to purchase electricity. Members of the […]
ReadmoreThe dark arts of delay analysis turn ultra violet – or ‘don’t ignore the facts’
White Constructions Pty Ltd v PBS Holdings Pty Ltd [2019] NSWSC 1166 (6 September 2019) (Hammerschlag J) Delay and, separately, disruption claims are common sources of dispute in construction projects. Compounding what are usually factually complicated scenarios are issues of terminology and experts’ competing views about the correct analysis and approach to assessing the […]
ReadmoreSecurity of Payment Amendment Act set to commence
The Building and Construction Industry Security of Payment Amendment Act 2018 (Amendment Act), which was passed by the NSW Parliament in November last year, will commence on 21 October 2019. The Building and Construction Industry Security of Payment Amendment Regulation 2019 (Amendment Regulation) will also commence on this date. The changes made by the Amendment […]
ReadmoreAvoiding unintended consequences
The Building Industry Fairness (Security of Payment) Act 2017 (BIF) contains new provisions designed to protect payments to subcontractors in building projects by setting up a form of statutory trust, of which subcontractors are beneficiaries. Chapter 2 of the Building Industry Fairness (Security of Payment) Act 2017 (BIF) contains new provisions designed to protect payments to subcontractors in […]
ReadmoreCombustible cladding – A flammable issue
A recent decision of the Victorian Civil and Administrative Tribunal (VCAT) has provided some useful guidance in relation to the responsibility of builders and consultants to owners in respect of the installation of non-compliant aluminium composite panels on buildings in Victoria. On 28 February 2019, his Honour Judge Woodward handed down his decision apportioning liability […]
ReadmoreVictorian Municipal Councils to facilitate for finance rectification costs of combustible cladding
The Building Amendment (Registration of Building Trades and Other Matters) Bill 2018 introduces reforms to the Victorian Local Government Act 1989 to allow residential owners and owners corporations to access low cost finance to fund the cost of removing combustible cladding. Following the recommendations of the Victorian Cladding Taskforce, these reforms will introduce Cladding Rectification […]
ReadmoreNew Cladding Laws – A Guide for Building Owners
The Building and Other Legislation (Cladding) Amendment Regulation 2018 introduces a new regime for identifying and assessing the risk of cladding products on privately owned buildings in Queensland. The regulation is the Queensland government’s response to the Grenfell Tower fire and the subsequent work of the Queensland Non-Conforming Building Products Audit Taskforce. Who is affected? […]
ReadmoreFreedom of Association – logos, mottos and indicia
The Australian Building and Construction Commission (ABCC) released new guidance material recently which provides information on the differences between the Building Code 2013 (2013 Code) and the Code for Tendering and Performance of Building Work 2016 (2016 Code) with respect to freedom of association. While both the 2013 Code and 2016 Code provide that a […]
ReadmoreThe impact of adverse weather events on the construction industry
In August 2017 Hurricane Harvey dominated international headlines as it ravaged parts of the southern United States of America, on its way to becoming the costliest tropical cyclone in history and surpassing the ignominious records set by Hurricane Katrina.1 As images splashed across our news outlets of Houston highways inundated with water, stores bereft of […]
ReadmoreExternal cladding – how to manage an emerging problem
Over the past 10 to 15 years many buildings have been constructed using Aluminium Composite Panels (ACP). ACPs are frequently used in buildings because of the need to improve thermal or acoustic aspects of the design and also because the panels are a comparatively cheap building material to use. ACPs typically have on each side […]
ReadmoreCall for submissions on the Better Apartments Draft Design Standards
Following the Better Apartments – A Discussion Paper (May 2015) and the Better Apartments Public Engagement Report (December 2015), the Victorian Government has now released the long awaited Better Apartments Draft Design Standards (Draft Standards). Partner Meg Lee and lawyer Linda Choi highlight the key proposals. The Draft Standards aim to raise the quality of […]
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