Construction + Infrastructure - Page 2 of 7

Articles

Recent legislative and research developments in the silicosis space

There have been two significant developments in the silicosis space this week. On Wednesday, Parliament tabled the National Occupational Respiratory Disease Registry Bill 2023. If passed, the legislation will establish a national register for recording all incidents of occupational dust disease. The initiative is based on the recommendation of the National Dust Disease Taskforce and […]

By : Anja Vogel Jun 23, 2023 Comments Off

Articles

Resource hub: Developments and updates in the building and construction industry

Australia is seeing sweeping state-based legislative reform intended to regain public confidence in the building and construction industry. For example, in NSW, the Design and Building Practitioners Act 2020 will have a significant effect on establishing the liability of design and building practitioners within the construction industry and how they are insured. In contrast, the […]

By : Anja Vogel Apr 29, 2023 Comments Off

Case Alerts

When it rains it pours – Full Federal Court hands down ‘common sense’ decision

Acciona Infrastructure Australia Pty Ltd v Zurich Australian Insurance Limited [2023] FCAFC 47 On 28 March 2023, the Full Federal Court handed down its judgment on a separate question concerning the operation of an exclusion for damage to contract works caused by rain. The separate question was brought by the Acciona and Ferrovial joint venture […]

By : Anja Vogel Mar 30, 2023 Comments Off

Articles

The next phase of building reform in NSW begins

In January 2020, the NSW Government announced its legislative strategy to restore public confidence in the building sector by 2025. The next phase has now commenced with the introduction of four proposed changes to the legislative framework. The proposed bills and regulations are open for public consultation and will be introduced in NSW Parliament in […]

By : joanna li Nov 24, 2022 Comments Off

Articles

Latent Defects Insurance likely to be a game-changer in NSW

A new insurance product, Latent Defects Insurance (LDI), is set to transform the insurance framework for high-rise residential buildings – especially if it becomes mandatory in New South Wales. This major development is aimed at restoring consumer confidence in the NSW residential construction industry in the context of the state’s “building compliance crisis” and its […]

By : joanna li Nov 15, 2022 Comments Off

Case Alerts

The expanded scope of building practitioners’ duty of care

Boulus Constructions Pty Ltd v Warrumbungle Shire Council (No 2) [2022] NSWSC 1368 When the Design and Building Practitioners Act 2020 (NSW) (DBP Act) came into effect, section 37 imposed a new duty on building practitioners and persons who carry out construction work to exercise reasonable care to avoid economic loss to building owners, including […]

By : joanna li Nov 7, 2022 Comments Off

Case Alerts

Cladding decision highlights need for plaintiff’s specific proof

Strata Plan 92450 v JKN Para 1 Pty Ltd & Toplace Pty Ltd [2022] NSWSC The Supreme Court of NSW recently handed down a decision on a damages claim regarding building cladding. The Court found that the plaintiff had failed to demonstrate that cladding was combustible and that an ‘alternative solution’ could not be performed […]

By : joanna li Aug 12, 2022 Comments Off

Articles

Rise and fall clauses could be another tool to hang on a constructor’s belt

With construction industry participants seeing an increase in costs, rise and fall clauses have been floated as a solution for easing current cost pressures. Essentially, a rise and fall clause in a construction contract shifts key project pricing risks from the contractor to the principal. In this update, W+K’s Construction PI specialists Aaron Bolton, Robert […]

By : Anja Vogel Jun 9, 2022 Comments Off

Articles

Risk profile for construction professionals rises with new Supreme Court decision

Following the recent decision in Goodwin, the Supreme Court of NSW has handed down another decision that considers the scope of the duty arising under the DBPA and to whom it is owed. In Pafburn, the court established the duty is prima facie owed by those who are able to control how the construction work […]

By : Anja Vogel May 31, 2022 Comments Off

Articles

NSW Supreme Court clarifies scope of statutory duty of care for construction industry

On 19 May 2022, the Supreme Court of NSW handed down the first substantive decision on the application of the statutory duty of care introduced by Part 4 of the Design and Building Practitioners Act 2020 (NSW) in June 2020. The effect of this judgment is that, arguably, the statutory duty of care extends to […]

By : Anja Vogel May 23, 2022 Comments Off

Search