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 […]

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By : Apr 29, 2023 Comments Off on Resource hub: Developments and updates in the building and construction industry
Case Alerts

Court of Appeal decides on construction contribution claims

Beca Carter Hollings & Ferner Ltd v Wellington City Council The Court of Appeal, in Beca Carter Hollings & Ferner Ltd v Wellington City Council, has upheld the High Court’s decision and ruled that contribution claims are not subject to the 10-year longstop in the Building Act. As a result, construction professionals, not joined as […]

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By : Mar 6, 2023 Comments Off on Court of Appeal decides on construction contribution claims
Articles

The rising costs of construction

Although there is a glimmer of hope that construction costs might be easing, construction price hikes in 2022 across Australia were the highest ever recorded. The construction industry across Australia has been under significant pressure since the pandemic began, with contract work insurers seeing requests for insured sums increase by as much as 45%. The challenges […]

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By : Feb 2, 2023 Comments Off on The rising costs of construction
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 […]

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By : May 31, 2022 Comments Off on Risk profile for construction professionals rises with new Supreme Court decision
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 […]

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By : May 23, 2022 Comments Off on NSW Supreme Court clarifies scope of statutory duty of care for construction industry
Articles

Model guidance for consistent national construction reforms

The ABCB has issued an Implementation Report and model guidance documents that address most of the recommendations contained in the 2018 Building Confidence Report. These developments are the latest in an ongoing effort to address building defects and failures Australia-wide. While significant consumer and industry benefits associated with consistent adoption of the model guidance have […]

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By : May 19, 2022 Comments Off on Model guidance for consistent national construction reforms

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