In the media
New report reveals key decisions organisations must make
to harness digital innovation
A new report from international engineering, design and
advisory company Aurecon shares insights into the digital decisions
that people operating at strategic and operational levels should be
making to deal with disruption caused by COVID-19 and capitalise on
opportunities to thrive into the future (30 October 2020).
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Global infrastructure private investment in continuous
decline
The Global Infrastructure Hub (GI Hub) has published a new
report, Infrastructure Monitor 2020, which highlights a decade-long
decline in private investment in infrastructure through primary
market transactions. Infrastructure Monitor 2020 also reveals that
financial performance of infrastructure investments is better than
is generally expected (29 October 2020).
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What climate risks are on the horizon for the
construction industry in Australia?
As bushfires rage and coastal storms grow more severe,
it's evident that climate change is a current threat, not just
a future one. Businesses, especially in industries like
construction, should be aware of these risks (29 October 2020).
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November 2020 Australian construction market
report
Released on Thursday 5 November, the Australian
Construction Market Report will provide insight into a recovering
construction industry in a post-COVID world (26 October 2020).
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Builders have never been busier despite COVID-19
2020 is shaping up to be a record year for custom home
builders across Australia despite the COVID-19 pandemic, with some
forecasting a five-fold increase in net profit for quarter four,
according to analysis of 252 residential building companies by the
APB (26 October 2020).
More...
Construction firms struggle to keep up with safety
regulations
Releasing the results of their latest survey of 167 small,
medium and large construction contractors conducted during
September and October by ACA Research, construction project
management software provider Procore said that keeping up to date
was the most important part of managing quality and safety
compliance (22 October 2020).
More...
Victoria
North East Link sport upgrades kick off
North East Link's $68 million investment in local
sporting clubs has kicked off with construction now underway on
three major upgrades. Minister for Transport Infrastructure Jacinta
Allan announced (29 October 2020).
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More building approvals to drive economic recovery
The Victorian Government is driving investment, jobs and
Victoria's economic recovery, with planning approval for
another round of shovel-ready housing, commercial and renewable
energy projects (24 October 2020) .
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Prison expansion locks in jobs and drives safer
community
The Greater Geelong region will receive a major economic
boost, after a contract to complete construction of the Chisholm
Road Prison in Lara was signed (21 October 2020) .
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New South Wales
$1 billion Nepean Hospital redevelopment
fast-tracked
Fast-tracked funding will allow Stage 2 enabling and
fit-out works to start earlier while construction for Stage 1 is
still underway. This will also allow for a much smoother transition
into the main works construction for Stage 2 (29 October 2020).
More...
Big battery to recharge New South Wales energy
grid
The federal government, through the Australian Renewable
Energy Agency (ARENA), has announced it will
jointly fund a new large-scale, grid-connected battery located in
western Sydney (26 October 2020).
More...
Queensland
Queensland's borders keep its builders the busiest
during COVID-19
Construction activity in eastern Australia has been
strongest in Queensland since July due to the border policies that
helped that state control the spread of COVID-19, according to new
industry data that tracks on-site working hours (28 October 2020).
More...
Blitz on cranes halts construction
Workplace Health & Safety Queensland has issued a
safety alert pertaining to tower cranes, relating to fall-arrest
systems, as set out in the Tower Crane Code of Practice (2017) (19
October 2020) .
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Practice and courts
Queensland
Build-to-rent update
The Queensland Government has announced the preferred
proponents of its
Build-to-Rent Pilot Project that was announced as part of the
2018 Mid-Year Fiscal and Economic Review. Frasers Property and
Mirvac are the successful proponents who are required to deliver a
component of government subsidised affordable housing dwellings
(October 2020).
More...
QBCC: Key things you need to know about new industry
laws
The
Building Industry Fairness and Other Legislative Amendments Act
2020 has a broad sweeping range of reforms, developed as part
of the Queensland Building Plan. From 1 October 2020, some head
contractors will be required to submit a supporting statement with
payment claims they submit to a principal or developer. Find out
more about
supporting statements (22 October 2020).
More...
Business Queensland: Housing construction works for
tradies
The $100 million Works for Tradies is a vital part of
Queensland's Economic Recovery Strategy: Unite and Recover for
Queensland Jobs, to help the State recover from COVID-19. This
investment will see construction commence on more than 215 new
social homes, supporting approximately 240 jobs in the construction
sector. To keep informed of any tender opportunities from Housing
Construction Works for Tradies, register on QTenders
(October 2020).
Cases
Victoria
133 Walsh Street Pty Ltd v BMF Pty Ltd
[2020] VSC 650
CORPORATIONS – Application to set aside statutory
demand pursuant to s 459G of the Corporations Act 2001 (Cth)
– Demand made claims for debts in respect of payment claims
under the Building and Construction Industry Security of Payment
Act 2002 (Vic) – Consideration of alleged offsetting claims
against payment claims alleging defective works – Grandview
Ausbuilder Pty Ltd v Budget Demolitions Pty Ltd (2019) 99 NSWLR
397; (2019) 136 ACSR 563; [2019] NSWCA 60 applied.
CORPORATIONS – Use of statutory demands in complex
construction disputes discussed – Whether court should embark
on construing complex contractual provisions, investigate contested
legal issues and determine questions of law in application under s
459G.
CORPORATIONS – Whether plaintiff prevented from agitating
alleged offsetting claims by operation of Graywinter principle
– Defendant contended the claims were not sustainable and not
raised in supporting affidavit – A finding that claims for
defects were fairly notified in plaintiff's 21 day affidavit
– Malec Holdings Pty Ltd v Scotts Agencies Pty Ltd (in liq)
[2015] VSC 330 applied.
CORPORATIONS – Statutory demand procedure considered not to
be the appropriate mechanism to determine defendant's
contentions that plaintiff's claims were not sustainable
– Offsetting claim found to be genuine, arguable and
substantiated and giving rise to arguable and triable issues
– Statutory demand not the appropriate mechanism to determine
defendant's contentions that claims were not sustainable
– Statutory demand set aside.
New South Wales
Deane Projects Building Pty Ltd v Kinda Kapers Holdings
Pty Ltd [2020] NSWDC
622
CONTRACTS – building and construction –
variation claims – whether provision for variations was
itself varied – whether implied term incorporated through
prior course of dealing – alleged defective works –
whether owner's claim limited in time – whether claimed
defects appeared during defects liability period – whether
builder liable for "design defects" in commercial
contract for construction DAMAGES – claim for rectification
costs for defective works – whether owner intended to rectify
– whether proposed works reasonable PRACTICE AND PROCEDURE
– building disputes – building experts –
conflicting evidence about defects and scope of rectification works
– desirability of practitioners ensuring building experts
confer and jointly produce report prior to hearing
Queensland
S.H.A.
Premier Constructions Pty Ltd v Niclin Constructions Pty Ltd (No
2) [2020] QSC 323
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – COSTS – OFFERS OF COMPROMISE, PAYMENTS INTO
COURT AND SETTLEMENTS – INFORMAL OFFERS AND CALDERBANK
LETTERS – UNREASONABLE REFUSAL OF OFFER – where the
first respondent made a Calderbank offer – where the
applicant did not accept the offer within time – where the
expressed reasons why the offer should be accepted were inadequate
– where the offer was open for less than 75 hours –
whether the applicant acted unreasonably in not accepting the
offer
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.
