Construction and Infrastructure - Page 2 of 7

Articles

A closer look at Cladding Safety Victoria’s ‘Compliance in building design’ report

By: Sarah Metcalfe, Andrew Brennan and Nick Lux At a glance Cladding Safety Victoria (CSV) has released a report investigating who is responsible for the use of non-compliant combustible cladding in Victoria. CSV reviewed original plans and permits for 1,000 privately owned apartment buildings and concluded that responsibility for the ‘widespread misapplication of Victoria’s regulatory […]

By : joanna li Aug 13, 2024 Comments Off

Case Alerts

Requirements for late knowledge in claims of limitation: lessons from the Court of Appeal

By: Richard Flinn and Laura Glasson Rea v Auckland Council [2024] NZCA 313 In the recent decision of Rea v Auckland Council [2024] NZCA 313, the Court of Appeal provides a useful analysis of the elements required to assess when time starts to run for the purpose of assessing limitation, and in particular, for the […]

By : Tracey Govind Jul 30, 2024 Comments Off

Case Alerts

New duty of care: is Pafburn a knockout blow for proportionate liability defences?

By: Charu Stevenson and Hamshini Sathiyamoorthy The Owners – Strata Plan No 84674 v Pafburn Pty Ltd [2023] NSWCA 301 At a glance From June 2020, section 37 of the Design and Building Practitioners Act 2020 (NSW) (DBP Act) introduced a new duty of care on those who carried out “construction work”. This article considers […]

By : Anja Vogel Jan 15, 2024 Comments Off

Articles

Proposed NSW ‘fitness for purpose’ obligation creates an additional layer of liability for engineers

At a glance The NSW Government has proposed a practice standard for engineers, which includes imposing a new obligation to ensure that designs for professional engineering work are “fit for purpose”. However, the existing regulatory framework for professional engineering work within the Design and Building Practitioners Act 2020 NSW (DBP Act) and Regulation already deals […]

By : Anja Vogel Oct 16, 2023 Comments Off

Case Alerts

Federal Court makes significant Opal Tower liability policy ruling

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 […]

By : Anja Vogel Oct 11, 2023 Comments Off

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

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