WSP Structures Pty Ltd v Liberty Mutual Insurance Company t/as Liberty Specialty Markets [2023] FCA 1157 At a glance On 28 September 2023, the Federal Court of Australia found a liability policy covered a sub-contracting engineer and opened up double insurance claims. The case involved claims against WSP, the structural engineer for Sydney’s Opal Tower […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
