In the media
National
Economic Conditions Facing the Construction Industry in
2016
This year commenced with a marked deterioration in
economic sentiment. The primary catalysts were the (not mutually
exclusive) concerns over the outlook for the Chinese economy and a
sharp decline in oil prices, together with heightened geo-political
risks and tensions (10 February 2016).
More...
Infrastructure Australia: New Assessment Framework
guidance
IA initiated a review of the Assessment Framework that
was coordinated internally, and undertaken with the assistance of
external expert advisers. The review was completed and the
Assessment Framework documents has been finalised in consultation
with the states and territories in January 2016.
More...
More...
Opinion: Dodgy Section J changes dropped from updated
National Construction Code
President of the Air Infiltration and Ventilation
Association of Australia, Sean Maxwell, said he had looked at the
building sealing parts of Section J of the 2016 NCC, stating
It's basically unchanged from 2015, which means it is still
weak, vague and unenforceable (08 February 2016).
More...
Timber Buildings to Rise Higher Following NCC Amendments
2
Approved changes to the National Construction Code (NCC)
will see timber buildings in Australia rise to far greater heights
starting from May 1, 2016. The changes to the NCC will permit the
construction of Class 2, Class 3 and Class 5 timber buildings to
effective heights of as high as 25 metres, which is roughly
equivalent to eight storey (04 February 2016).
More...
Builders Back Return Of ABCC
Master Builders Australia welcomes the Government's
commitment to re-establish the powers of the Australian Building
and Construction Commission (ABCC) by reintroducing the ABCC Bill
in the Parliament today (02 February 2016).
More...
Victoria
More Non-compliant Cladding Uncovered in
the Heart of Melbourne
The Victorian Building Authority's audit of high-rise
buildings throughout inner-city Melbourne has uncovered more than a
dozen instances of the use of potentially combustible non-compliant
cladding (11 February 2016).
More...
Builder fined $45,500 for negligence and
incompetence
A builder whose work was so poor it constituted
'gross negligence' and 'gross incompetence' has
been fined the maximum penalty and will not be able to operate as a
registered builder for a minimum of three years(03 February
2016). More...
Improved licensing and registration
process to launch on 1 February 2016
From next week, the VBA will be implementing an improved
system of registration and licensing for plumbers and builders. The
new process is designed to deliver better outcomes for
Victoria's building and plumbing industries and consumers (01
February 2016).
More...
New South Wales
NSW Government releases independent
review into Rebuilding NSW report
Treasurer Gladys Berejiklian has today released an
independent review into Deloitte Access Economics' (DAE)
Economic Impact of State Infrastructure Strategy report (11
February 2016).
More...
Guildford Builder Prosecuted
An unlicensed builder from Guildford has been ordered by
Parramatta Local Court to pay $75,775 in fines and costs as well as
$14,700 consumer compensation. Paul Logan, trading as Paul Logan
Creations, was convicted of various Consumer Law and Home
Building Act 1989 violations (10 February 2016).
More...
Unlicensed Hunter Builders
Prosecuted
Jason Tilse and Brent Tilse left a trail of defective
roofing repairs and sub-standard incomplete renovations in their
wake after charging their customers deposits well in excess of the
10 per cent permitted under the Home Building Act 1989 (10
February 2016). More...
NSW building approvals at historic
high
A record number of new homes were given the green light
in NSW in 2015, official ABS figures have revealed. Today's
data showed 66,705 homes were approved in the 12 months to December
(03 February 2016).
More...
Austar Coal Mine extension
approved
The Department of Planning and Environment has approved
an application to expand mining at Austar Coal Mine near Cessnock,
to allow extraction of an additional three underground longwall
panels (02 February 2016). More...
Queensland
Queensland coal mine dust double the limit
Dust levels at a Queensland coal mine where three miners
have been diagnosed with the deadly black lung disease have been
recorded up to six times the legal limit (09 February 2016).
More...
$15 million more accelerated works projects for Mackay
region
Premier Annastacia Palaszczuk has today announced the
fast-tracking of more Government-funded capital works projects in
the Mackay region (10 February 2016).
More...
Local team scores contract for the Port of
Townsville's $55M upgrade
Townsville contractor CivilPlus Constructions has been
awarded the design and construct tender for the primary wharf works
component of Port of Townsville's $55 million Berth 4 Upgrade
project (10 February 2016).
More...
Gold Coast company set to build Commonwealth Games
Hockey venue
Gold Coast company Alder Constructions Pty Ltd has won
the contract to upgrade the Gold Coast Hockey Centre ahead of the
Gold Coast 2018 Commonwealth Games (05 February 2016).
More...
Solar power station in Collinsville could be under
construction this year
Construction of a $100 million solar power station in
Collinsville, North Queensland, could begin this year if a deal is
struck for selling the electricity (02 February 2016).
More...
Practice and courts
Building and Construction Industry (Improving
Productivity) Bill Reintroduced
The bill has been reintroduced into the House of
Representative on 2 February 2016 without any amendments. The bill
will, like its predecessor, re-establish the ABCC, described as a
genuinely strong watchdog that will maintain the rule of law to
protect workers and constructors and improve productivity on
building sites (03 February 2016). More...
NCC 2016 now online on the new ABCB website
The National Construction Code 2016 can now be accessed
online on the new Australian Building Codes Board (ABCB) website
(08 February 2016).
More... More...
ABCB NCC Seminars 2016
The national seminars, running in February and March 2016
are presented by the ABCB and Standards Australia. These seminars
will be held in each Australian capital city and will provide
valuable information to building and plumbing practitioners on the
changes included in the NCC 2016, which comes into effect on 1 May
2016. From 2016 onwards, the NCC will only be updated once every
three years. More...
ABCB: Condensation Survey
Stakeholders are invited to complete an online survey on
condensation in residential buildings. The survey closes on 14
February 2016. More...
Announcements, Draft Policies and Plans released 2015
QLD QBCC: New adjudication qualification course starts
April 2016
A three day course will be delivered by Contract
Administration Group Pty Ltd.
More...
QLD: Have your say on the Security of Payment discussion
paper
The Security of Payment discussion paper has now been
released and is available for detailed feedback. This aims to
improve security of payment for subcontractors in the building and
construction industry. Submissions close on 31 March 2016.
More...
QBCC Disciplinary actions
Licensees suspended or cancelled. More...
VBA: Private bushfire shelters must comply and must have
a building permit
Bushfire shelters that are not accredited must be
thoroughly assessed for compliance with the NCC as part of
obtaining a building permit (03 February 2016). More...
Cases
D&R Constructions (Aust) Pty Ltd v
Wesiak [2016] NSWCATAP 38
Building contract- Held letter that respondents were
seeking alternative quotations to complete building works and to
then terminate the contract constituted repudiation entitling the
appellant builder to terminate the contract - Consequential orders
made.
More...
Tzaneros Investments Pty Limited v Walker Group
Constructions Pty Limited [2016] NSWSC 50
BUILDING AND CONSTRUCTION CONTRACTS – warranties
– assignment of warranties – effect of subsequent
assignment of the subject-matter of the contract TORTS –
negligence – existence of a duty of care – breach
– whether claim apportionable under the Civil Liability
Act 2002 (NSW) CONTRACT – ascertaining the parties to
the contract EQUITY – estoppel – estoppel by convention
DAMAGES – calculating loss – whether to discount award
for betterment.
More...
Pittaway v Noosa Cat Australia Pty Ltd &
Ors [2016] QCA 004
CONTRACTS – BUILDING, ENGINEERING, AND RELATED
CONTRACTS – REMUNERATION – RECOVERY ON QUANTUM MERUIT
– IN GENERAL – where the applicant and the respondent
entered into two linked agreements, the Shed Agreement, where the
applicant would build a shed for the respondent, and the Boat
Agreement, where the respondent would build a boat for the
applicant – where the applicant contended that he built the
shed, but that the respondent did not pay the full amount for it,
nor did they build the boat as required by the agreements –
where the applicant started proceedings against the respondent in
respect of damages for breach of contract – where orders were
made in the District Court – where the applicant did not
comply with those orders – where the respondent made an
application to dismiss proceedings for want of prosecution under r
280 of the Uniform Civil Procedure Rules 1999 (Qld)
– where that application succeeded – where the
applicant seeks leave to appeal from the order dismissing the
proceedings – whether an appeal is necessary to correct a
substantial injustice – whether there is a reasonable
argument that there is an error to be corrected. More...
Draper v Simonds Homes Victoria Pty Ltd (Building
and Property) [2016] VCAT 91
BUILDING AND PROPERTY LIST-major domestic building
contract for erection of dwelling house–works currently
suspended by the builder–contract remains in place–slab
laid and frame and roof erected–all approved by building
surveyor–owner alleges finished floor level of slab to be
defective–owner also alleges frame and drainage to be
defective–owner fears that founding material below slab may
be defective–builder counterclaims under the contract for
outstanding frame stage payment. Application made by the
Applicant, during period that the proceeding is reserved for
decision, for the Tribunal to make certain requests of regulators,
permitted under Schedule 1 to the Victorian Civil and
Administrative Tribunal Act 1998, and for an order that the
respondent demolish the slab–application dismissed. More...
Other
R Developments Pty Ltd v Forth &
Anor [2016] ACTSC
8
CONTRACT – Standard form building contract
– contract wrongfully terminated by builder on basis of
alleged failure by owner to comply with contractual requirement to
provide evidence of capacity to pay amounts due under contract
– not open to builder to rely on contractual requirement once
building works commenced – no entitlement to rely on
alternative power to end contract – counterclaim based on
acceptance of wrongful termination as repudiation of contract
– entitlement to damages on repudiation – quantum of
damages not established. More...
Legislation
Building and Construction Industry (Consequential and
Transitional Provisions) Bill 2013
Introduced HR 02/02/2016 - A Bill for an Act to deal
with consequential and transitional matters arising from the
enactment of the Building and Construction Industry (Improving
Productivity) Act 2013, and for related
purposes. More...
Building and Construction Industry (Improving
Productivity) Bill 2013
Introduced HR 02/02/2016 - A Bill for an Act to
re-establish the Australian Building and Construction Commissioner,
and for related purposes. More...
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.