In the media
Finance rate comparison site for construction businesses
launched
Australia's first asset and equipment finance comparison
website, Finnovate, is set to empower businesses with choice and
trigger competition among lenders through total rate transparency.
The web-based business finance model allows businesses to access
and compare the rates and fees of nine major lenders and apply for
equipment and vehicle finance and leasing online (10 July 2012)
More...
Regional Infrastructure Funds and Guidelines
released
Prime Minister has released the Federal Government's
guidelines for the $6 billion Regional Infrastructure Fund as part
of the proceeds of the Minerals Resource Rent Tax to pay for major
road, rail, ports and other economic infrastructure to support
growth . The RIF guidelines are available at:
www.infrastructure.gov.au/infrastructure/rifp/index.aspx (11
July 2012)
More...
Engineers Australia releases comments on the Queensland
Flood Commission of Inquiry
Currently floodplain management is the responsibility of local
authorities, with some input from state and federal advisors. This
approach is inconsistent across the state, resulting in varying
flood management, according to the Engineers Australia report
findings (05 July 2012)
More...
Builders Support Crackdown on Phoenix
Activity
The building and construction industry has welcomed new research
released today by the Fair Work Ombudsman into phoenixing activity
in Australia and has called on the Government to be proactive in
stamping out the practice (04 July 2012)
More...
Unions Show Disregard to Fair Work's
Rules
Two industrial disputes orchestrated by the CFMEU show that unions
continue to display a total disregard to the rules administered by
the Fair Work Building and Construction agency which replaced the
Australian Building and Construction Commission (ABCC) (04 July
2012)
More...
Another NSW builder in administration
Baseline Constructions, another NSW builder, has gone into
voluntary administration. The company was founded in 1993 by civil
engineer Nicholas Bettar from small Bankstown/Canterbury
foundations. In peak construction years it has had $65 million-plus
revenues (11 July 2012)
More...
Workers reminded to renew high risk work
licences
WorkCover NSW is reminding workers qualified to operate high risk
plant and equipment to review, and if necessary renew, their
licences. The three different WorkCover high risk work licences
will be combined into one easily recognisable card. All affected
licences must be renewed before the end of this year, 31 December
2012 (09 July 2012)
More...
NSW Building Approvals Trending Upwards
The approval figures released by the Australian Bureau of
Statistics for housing and non-residential buildings show a welcome
improvement for NSW on recent months, says the Urban Taskforce.
This bears out the Census data that indicated that Sydney now has
27.6% apartments and 12.5% terraces and townhouses leaving only
58.6% of housing units as detached houses (04 July 2012)
More...
NSW Government launches Hunter Infrastructure
Call
The NSW Government has called for infrastructure projects to be
considered for funding through the Hunter Infrastructure and
Investment Fund (HIIF). Projects that enhance productivity could be
public roads, railways, port, energy, water, public schools or
TAFE, public hospitals and health care facilities, emergency
services, recreational, sporting as well as major cultural and
entertainment venues (04 July 2012)
More...
Historic NSW plumbing reforms have
started
The Commissioner said the new Plumbing and Drainage Act 2011 and
adoption by New South Wales of the Plumbing Code of Australia
heralded significant improvements to the health and well being of
consumers and industry efficiency. Under the new Act, Fair Trading
becomes the single regulator for plumbing and drainage in New South
Wales, replacing more than 100 individual agency arrangements (02
July 2012)
More...
Procurement simplified for state rail
link
Improved outcomes from simpler procurement for the Moreton Bay
Rail Link will come from managing the project by one agency instead
of two. The project delivery will be brought under a single entity
with the Queensland Department of Transport and Main Roads and the
principal for the contract (12 July 2012)
More...
Queensland Cockatoo coal project takes next major
step
Deputy Premier and Minister for State Development, Infrastructure
and Planning announces Cockatoo Coal has been given the green light
to prepare an environmental impact statement for the North
Surat-Taroom coal project. This project has the potential to create
up to 1000 construction and 550 operation jobs, with further
regional jobs from flow-on economic development (09 July 2012)
More...
Federal infrastructure funding for
Queensland
Federal Government had committed $1.66 million for the North
Queensland Resources Supply Chain–and $1.5 million for
the Central Queensland Resources Supply Chai. The funding will also
provide certainty in terms of the Queensland Government's
priority infrastructure projects and outcomes (09 July 2012)
More...
Queensland Royalties for the Regions' applications
open soon
Councils in regions impacted by resource developments will soon be
able to seek funding for critical infrastructure projects with
applications for the LNP Government's 'Royalties for the
Regions' program opening in September (04 July 2012)
More...
Infrastructure Australia backs East West
Link
Infrastructure Australia (IA) has today backed the Victorian
Coalition Government's plan to build an east-west road
connection for Melbourne with a recommendation funding be given to
develop the project further (13 July 2012)
Infrastructure Australia backs East West Link
New workplace guidelines in force for Victorian
construction industry
The new guidelines to the Victorian Code of Practice for the
Building and Construction Industry will help to deliver value for
money for the State's infrastructure projects, eliminate
unlawful activity on construction sites and promote a safe and
productive culture across the industry, according to the Victorian
Government (03 July 2012)
New workplace guidelines in force for Victorian construction
industry
Victoria claims major share of building
approvals
The Victorian Coalition Government has welcomed new data from the
Australian Bureau of Statistics showing the state's building
approvals continue to rise. Victoria accounted for almost 40 per
cent of housing approvals nationally (03 July 2012)
Victoria claims major share of building approvals
Published – articles, papers, reports
Civil Infrastructure Metric
The Infrastructure Metric, a new major series of research reports
being produced by Infrastructure Partnerships Australia (IPA), in
collaboration with business research and forecasting firm, BIS
Shrapnel. Each quarter, the Metric provides a timely indicator of
civil commencements for the following segments: Total civil
infrastructure; Civil infrastructure excluding direct mining and
heavy industry construction; Transport infrastructure and Utilities
infrastructure (July 2012)
More...
Integrating Australia's transport systems: A
Strategy for an Efficient Transport Future
Author: Booz & Co: July 2012
This paper explores the benefits of including alternative transit
modes in strategic transport corridor evaluation and identifies
practical steps governments can take to ensure policy makers have
the best information available when making modal and whole of
network decisions
More...
Engineering Construction Activity, Australia, March
2012
Author: Australian Bureau of Statistics
The trend estimate for the value of total engineering construction
work done rose 5.4% in the March 2012 quarter. The seasonally
adjusted estimate for the value of total engineering construction
work done rose 13.3% in the March quarter to $29,846.6m. The value
of work commenced in the March quarter was $20,806.6m, an increase
of 4.7% from the December quarter. (04 July 2012)
More...
Queensland Flood Commission of Inquiry's Final
Report: analysis of the implications
Engineers Australia releases comments on the Queensland
Flood Commission of Inquiry
Source: Engineers Australia's Queensland Division Flood
Committee The report, collated by senior engineers and
flood-experts from, highlights the intense and highly complex
challenges faced by the dam engineers responding to the flood
crisis in 2011 (July 2012)
More...
In practice and courts
Regional Infrastructure Fund Guidelines
The Guidelines for the Regional Infrastructure Fund will apply to
both Stream 1 and Stream 2 funding. The Guidelines contain detailed
information on how projects are sourced for funding, how funding
decisions are made and the conditions for funding (July 2012)
More...
GECA - Environmentally Preferable Paint Standard for
Australia
A new national paint standard has been developed by ASBEC member,
Good Environmental Choice Australia (GECA) which excludes
solvent-based paints, all carcinogenic and mutagenic
substances
The standard, 'GECA 23-2012 Paints and Coatings',
recognises best-practice, environmentally responsible products and
was developed in consultation with leading industry figures (06
July 2012) More...
APVMA study - New restrictions in place for
arsenic-treated timber
New restrictions on the use of copper chrome arsenate (CCA) for
treating timber have begun as of 1 July 2012. CCA has been used to
preserve wood in a variety of situations such as for telegraph
poles, decking and fencing. It was also used for children's
playground equipment (03 July 2012)
More...
Cases
Owners Corporation Strata Plan 72535 v Brookfield [2012]
NSWSC 712
[BUILDING AND CONSTRUCTION] - strata titles - whether development
was adapted for commercial use as a tourist holiday or overnight
accommodation - whether owners corporation is entitled to the
benefit of the statutory warranties implied under the Home Building
Act 1989 (NSW) - whether appropriate for a trial judge to determine
a common law duty of care owed to an owners corporation - whether
defendants owed a common law duty of care. [PROCEDURE] - civil -
interlocutory issues - severability of issues - whether court
should order the separate and prior determination of issues
proposed by the notices of motion - leave sought to withdraw
admission - whether admission is contrary to the actual facts -
whether interests of justice favour application for leave being
granted - no question of principle. [WORDS AND PHRASES] - dwelling.
More...
Lane Cove Council v Michael Davies & Associates and
Others [2012] NSWSC 727
Referee, adoption of report, Uniform Civil Procedure Rules 2005
(NSW) r 20.24, Trade Practices Act 1974 (Cth) s 52, misleading and
deceptive conduct, relationship with contract, alleged
misrepresentations under contract, time limitation, limitation
period in contract and negligence, latent defects, res judicata-
corrosion damage within the Lane Cove Aquatic Leisure Centre (the
Centre) - claims in relation to design and construction
deficiencies. More...
Napier Constructions Pty Ltd (Subject to DOCA)(Receivers
& Managers Appointed) -v- Christopher Honey (in his capacity as
Joint and Several Receiver and Manager of Napier Constructions Pty
Ltd) [2012] NSWSC 762
CONTRACT - Construction of deed recording agreement as to the
basis upon which a party would assist companies and their receivers
in prosecuting proceedings against certain third parties - where
another party (the bank) makes available funds to facilitate
prosecution of proceedings and is owed money under secured
facilities - construction of formula for the sharing of settlement
proceeds (between the companies and the bank) where provision is
capable of two meanings - construction of clauses providing for the
taking into account of interest More...
Thiess Pty Ltd & Anor v Arup Pty Ltd & Ors
[2012] QSC 185
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES –
CONSTRUCTION AND INTERPRETATION OF CONTRACTS – where
applicants ("TJH") engaged first and second respondents
("PBA") as consultants – where TJH and PBA
entered into a Collaborative Consultancy Agreement
("CCA") for design of infrastructure project –
where Schedule 7 to the CCA governs compensation of PBA for work
performed under the CCA – where Schedule 7 establishes a
"3-element" compensation model – where first
element reimburses PBA for "actual cost" related to work
performed under the CCA – where TJH contends that the
words "actual cost" in cl S7-1 of the CCA bear their
ordinary meaning – where TJH contends that later
provisions in Schedule 7 relate only to the quantum of progress
payments and do not govern PBA's entitlement to compensation
– where PBA contends that the words "actual
cost" in cl S7-1 in relation to staff rates are defined by cl
S7-3 – whether, upon proper interpretation of the CCA, cl
S7-1, cl S7-3 and cl S7-4 specify and thereby define costs for
which PBA is to be compensated by TJH
EQUITY – GENERAL PRINCIPLES – MISTAKE
– EQUITABLE RELIEF IN CASE OF MISTAKE –
Rectification – Particular cases – where,
following negotiations, TJH and PBA entered into the CCA as a
written agreement – where Schedule 7 to the CCA refers to
various "multipliers" to be applied to "raw
rates" in determining compensation under the agreement for
cost of personnel – whether, had the CCA mistakenly
recorded the parties' agreement, TJH and PBA held a common
intention at the time of entering into the CCA that the multipliers
would not be "subject to audit" – whether PBA
engaged in conduct lacking in good faith precluding it from seeking
the remedy of rectification
TRADE PRACTICES AND RELATED MATTERS – MISLEADING OR
DECEPTIVE CONDUCT – Trade Practices Act 1974 (Cth)
("TPA") – where TJH and PBA entered into the
CCA following negotiations – where those negotiations
included discussion about a 2.8 multiplier to be applied in
determining cost of full time staff under the CCA –
whether PBA engaged in conduct in breach of s 52 TPA by failing to
disclose that it had not undertaken a specific examination of its
financial records, as pleaded by TJH, prior to entering into the
CCA
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES –
CONSTRUCTION AND INTERPRETATION OF CONTRACTS – where the
CCA provided for "Compliance Audits" to be undertaken by
an auditor and the production of a "Compliance Audit
Report" – whether the investigations undertaken by
Easdown Consulting Pty Ltd ("Easdown") constitute
Compliance Audits for the purposes of the CCA – whether
the report produced by Easdown constitutes the Compliance Audit
Report contemplated by the CCA – whether, in the
alternative, TJH is estopped from denying that the investigations
undertaken by Easdown constitute Compliance Audits and the report
produced by it the Compliance Audit Report CONTRACTS –
GENERAL CONTRACTUAL PRINCIPLES – OFFER AND ACCEPTANCE
– Agreement to amend existing contract – where
a meeting of TJH and PBA representatives with responsibility for
administering the CCA purported to amend certain principles
relevant to PBA's compensation under the agreement –
whether agreement was reached at that meeting – whether
it was agreed that the reduced overtime rate of 1.1 would apply
after 37.5 hours or 45 hours – whether, in the
alternative, TJH is estopped from denying that agreement was
reached at that meeting that the reduced overtime rate of 1.1 would
apply after 45 hours More...
Lowseck v Queensland Building Services Authority [2012] QCAT 280 Permitted Individual – bankruptcy – failure to provide for Commonwealth taxation debts More...
Barry v Queensland Building Services Authority and Ors [2012] QCAT 264 Building matter – direction to rectify by Authority for defective workmanship – where builder followed plans and specifications for materials annexed to plans – where allegations actions by property owners affected work – where direction issued to applicant as head contractor McNab Constructions Australia Pty Ltd v QBSA [2010] QCA 380 followed More...
Skilled Group Ltd v CSR Viridian Pty Ltd & Anor
[2012] VSC 290
BUILDING CONTRACTS – Unexecuted sub-contracts - Whether
binding sub-contracts entered into – Sub-contracts
implied from conduct – Whether conduct of parties
evidenced a concluded bargain and on what terms - Fourth class of
Masters v Cameron [1954] HCA 72; (1954) 91 CLR 353 considered and
applied - Whether party estopped from denying binding sub-contracts
– Whether restitutionary quantum meruit available -
Lumbers v W Cook Builders Pty Limited [2008] HCA 27; (2007) 232 CLR
635 considered and applied - Milestone dates for progressive
completion of stages of works not agreed – Whether
milestone dates essential terms - Whether free acceptance of
benefit arises – Construction and effect of final
certificates issued by superintendent under General Conditions of
AS2124 – 1992 as amended – Entitlement for
payment pursuant to final certificates.
CONTRACT - Whether conduct of parties evidenced a concluded
bargain and on what terms - Fourth class of Masters v Cameron
[1954] HCA 72; (1954) 91 CLR 353 considered and applied - Whether
party estopped from denying binding contract – Lumbers v
W Cook Builders Pty Limited [2008] HCA 27; (2007) 232 CLR 635
considered and applied - Whether restitutionary quantum meruit
available. More...
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
