In the media – National
$30 million in Melbourne to Brisbane Inland Rail
contracts awarded
The Melbourne to Brisbane Inland Rail continues to make headway
with almost $30 million in contracts awarded to four companies for
feasibility and detailed design work on the nationally significant
project. Federal Minister for Infrastructure and Transport, Darren
Chester, said the contracts were awarded in a competitive process
for work on four sections in New South Wales and Victoria (17
November 2017).
More...
Australian construction outlook forecasts major growth
by 2019
The latest Australian Industry Group-Australian Constructors
Association Construction Outlook survey revealed the total value of
major project work is forecast to lift 7.1 per cent in 2017-18,
followed by a further jump of 6.8 per cent in 2018-19 (14 November
2017).
More...
Opportunity Knocks: Accelerating energy efficiency in
our cities
A broad coalition of industry associations and local governments
that have developed a new policy framework to realise new sources
of energy efficiency and reliability for Australia's mid-tier
building stock, using existing policy levers. The report finds that
up to 80,000 buildings in Australia are classified as
'mid-tier' – that is non-A Grade or non-Premium Grade
– and that these buildings are a powerful mechanism to help
better manage our increasing demand for new energy (13 November
2017).
More...
Engineering vacancies up 57 percent in two
years
Job vacancies in Australia's engineering sector are now back on
the rise as the work on public sector road and rail projects drives
demand forward (15 November 2017).
More...
Australia not investing enough on freight
infrastructure
As Australia undergoes record investment in roads and passenger
rail, state and Commonwealth ministers have lined up to cut the
ribbon on 'congestion busting' developments (14 November
2017).
More...
ACIF industry leaders forecast a healthy recovery in
non-residential building activity
The latest industry forecasts to be released today by the
Australian Construction Industry Forum (ACIF)
foreshadow that the decline in the work done in the building and
construction industries will slow over the next three years, with
an upswing predicted from 2019-20 (13 November 2017).
More...
In the media - Victoria
New suburbs in Melbourne's north
The Andrews Labor Government is building new communities in
Melbourne's north with the services and infrastructure families
deserve (10 November 2017).
More...
Build aware inspections taking place in Melbourne, Port
Phillip and Stonnington
Five Victorian building regulators from the joint initiative
'Build Aware' will inspect building, construction and
demolition sites across the cities of Melbourne, Port Phillip and
Stonnington, to check whether operators are complying with the law
(08 November 2017).
More...
In the media - New South Wales
Government bans use of dangerous cladding
Fire safety in high-rise buildings will be enhanced by new powers
to crack down on the dangerous use of building products, Minister
for Better Regulation Matt Kean announced today. Breaches of the
new bans will render offenders liable to fines of more than $1
million for companies, and more than $200,000 for individuals (16
November 2017).
More...
Man fined over illegal construction
A Sydney man who conned householders into believing he was licensed
to build granny flats and carry out domestic renovations has been
ordered to pay more than $110,000 in fines, costs and consumer
compensation. Minister for Better Regulation Matt Kean said Samer
Hraiki, 41, of Ashbury, was sentenced in Parramatta Local Court
this week (13 November) after being convicted of 15 offences under
the Home Building Act 1989 and the Australian Consumer Law
(15 November 2017).
More...
New City Metro stations to shape Sydney
New metro stations in the CBD and North Sydney are set to be the
city's newest landmarks in their own right, offering retail,
community, residential (14 November 2017).
More...
In the media – Queensland
Demolition levels Brisbane riverside for massive
Queen's Wharf project in CBD
A large chunk of Brisbane's CBD has been torn down for the
state's biggest infrastructure project, with the unprecedented
demolition on the north bank of the river is almost complete. In
years to come, it will house the multi-billion-dollar Queen's
Wharf development, spanning 10 per cent of the CBD (18 November
2017).
More...
Queensland gets a new building plan
Queensland is set to implement a new building plan that will bring
massive changes to many elements of the construction industry (16
November 2017). More...
Builders fearful about faulty products
Builders are becoming fearful about trying new and innovative
products amid fears about being held liable for faulty and
non-conforming products, a survey of builders in Queensland
suggests (14 November 2017). More...
Published
Nation-building: Australia's infrastructure
priorities: Infrastructure Australia, Speech 08 November
2017
With Government budgets under significant constraint, it is
important that we plan effectively to ensure that when we spend
large sums of money on infrastructure we build the right projects,
at the right time, for the right price.
More...
ACI Construction Briefs
06 November 2017 -
ACI Construction Brief: ACI Construction Monitor Released –
public infrastructure puffs its chest
Practice and courts
Australian Cladding and Building Standards Summit
2017
The Australian Cladding & Building Standards Summit, 7-8 Dec
2017, Melbourne, will address issues of safety standards and
non-conforming building products.
More...
Economics References Committee Inquiries
Operations
of existing and proposed toll roads in Australia
Governance
and operation of the Northern Australia Infrastructure Facility
(NAIF)
ABCC Code for the Tendering and Performance of Building
Work 2016
The Code
for the Tendering and Performance of Building Work 2016
applies to companies who wish to undertake Commonwealth-funded
building work. Building industry participants covered by agreements
made prior 2 December 2016 have until 29 November 2018 to ensure
their agreements are Code compliant.
New South Wales
Infrastructure Grants for community
projects
Local communities can apply for a share of $12.5 million in funding
for projects across arts and culture, emergency preparedness and
sport and recreation. Applicants have four opportunities to apply
for grants throughout the year: November 2017, February and May
2018. The new funding guidelines will mean the government can fund
a wider range of projects. Applications accepted from 1 August
2017.
More...
Queensland
Code of Practice for Non-Conforming Building Products
laws
To assist industry members in meeting their obligations under the
amended Queensland Building and Construction Commission Act
1991, the Department of Housing and Public Works has prepared
a Code of
Practice on non-conforming building products (08 November
2017).
MBA: New legislation - non-conforming products
outlined
The legislation provides a definition for a 'non-conforming
product' that links it to its intended use, closing a loop-hole
that has allowed products that are not fit for purpose to be sold
and installed. The legislation also creates a 'chain of
responsibility' across the building and construction supply
chain that includes anyone in Queensland who designs, manufactures,
imports or supplies building products and people who install
building products (10 November 2017).
More...
Building Industry Fairness (Security of Payment)
Bill 2017
The State Parliament has passed the
Building Industry Fairness (Security of Payment) Bill
2017. A two-stage adoption process will see the
requirement for mandatory PBAs rolled-out across Queensland. An
initial stage, to begin on 1 January 2018, will see the requirement
applied to government building and construction projects. A second
stage, to begin 1 January 2019, will expand the application of the
mandatory PBA to all building and construction projects over $1
million.
Cases
Kawasaki Heavy Industries, Ltd v Laing O'Rourke Australia
Construction Pty Ltd
[2017] NSWCA 291
CONTRACT – construction – construction contracts
– performance bonds – injunction – serious
question to be tried – balance of convenience.
INTERNATIONAL ARBITRATION – interlocutory relief where
underlying dispute to be determined by arbitral tribunal.
All Seasons Air Pty Ltd v Regal Consulting Services Pty
Ltd
[2017] NSWCA 289
BUILDING AND CONSTRUCTION – contractor served claim under
Building and Construction Security of Payment Act 1999
(NSW) – claim filed before reference date – whether
claim valid – whether clause in building contract deemed
claim to have been served on reference date.
Nortask
Pty Ltd v Clarke Energy (Australia) Pty Ltd [2017]
QDC 268
BUILDING AND ENGINEERING CONTRACTS – Offer and acceptance
– whether contract made when quotation accepted –
whether superseded by formal contract.
BUILDING AND ENGINEERING CONTRACTS – Terms of contract
– whether plaintiff told to quote on a particular basis
– whether quote on that basis – whether basis of quote
part of contract.
BUILDING AND ENGINEERING CONTRACTS – Variations –
whether latent condition – whether work done not covered by
contract – amounts payable for variations.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
