In the media
RICS: Unlocking infrastructure spending during COVID-19
recovery
Despite a maturing infrastructure investment market,
private capital sufficient to support $1trn of infrastructure
development is currently going unspent, according to a report
commissioned by RICS' World Built Environment Forum: Bridging
the gap: Private investment in future infrastructure provision (13
May 2020).
More...
One-third of Australia's construction businesses
could close
As many as one-third of Australia's construction
businesses could be forced to close over the next twelve months if
business conditions do not improve, according to the he latest
first findings of How We Build Now – Tracking Technology in
Construction 2020 report (11 May 2020).
More...
Green steel flagged as end to climate wars
In a new report the think-tank says focusing on
"green" steel production could create a multi-billion
dollar export sector using renewable energy. It could also save the
jobs of coal miners and others reliant on emissions intensive
industries, whose work is threatened by efforts to fight climate
change, the Grattan Institute says (11 May 2020).
More...
MBA: Builders commend Federal Government on procurement
and payment time changes
Master Builders Australia commends the Federal
Government's move to support business through the economic
shock of COVID-19 by amending its procurement and contracting
arrangements. This positive initiative that will bolster confidence
among building and construction businesses working on federally
funded construction projects (11 May 2020).
More...
COVID-19 highlights importance of responsibly managed
supply chains
The current COVID-19 crisis has highlighted the human face
of supply chains and how it important it is to consider individuals
which are more vulnerable and exposed to exploitation,
particularly, as economic conditions become more challenging (07
May 2020).
More...
RICS: How has COVID-19 impacted construction and
infrastructure globally
Construction activity has been hit hard by the impact of
COVID-19, according to the latest International Construction and
Infrastructure Surveys. Impact varies depending on severity, timing
of the pandemic and government measures - and costs are rising
faster than tender prices - suggesting further financial pressures
ahead (07 May 2020.
More...
New South Wales
World-class Western Sydney hospital building finished
early
Western Sydney will soon have more world-class health
services right on their doorstep, with construction now complete on
the Westmead Health Precinct's new Central Acute Services
Building. The New South Wales Government has also committed an
additional $619 million for The Children's Hospital at Westmead
Stage 2 (14 May 2020).
More...
Resources Regulator publishes COVID-19 inspection
report
The New South Wales Resources Regulator has published the
results from its proactive inspection program which focussed on how
mine operators were responding to the COVID-19 (13 May 2020).
More...
Queensland
$185 million of roadworks start sooner
Investment in key inland freight corridors is poised to
boost road construction jobs for regional Queensland communities,
under an agreement reached between the Australian and Queensland
Governments on 22 jointly-funded regional roads projects worth $185
million (14 May 2020).
More...
Trialling renewable methane in Australia's gas
pipelines
On behalf of the Australian Government, the Australian
Renewable Energy Agency has announced $1.1 million in funding to
APA Group to build a modular renewable methane production
demonstration plant at their Wallumbilla Gas hub near Roma in
Queensland (08 May 2020).
More...
Victoria
Delivering projects and creating jobs in regional
Victoria
Minister for Regional Development Jaclyn Symes has
announced 35 projects in rural and regional communities that will
share in more than $16 million from the Regional Infrastructure
Fund to improve liveability and attract more residents and visitors
to towns (13 May 2020).
More...
VBA recommends building practitioners inform owners of
their statutory obligations
Almost one in three complaints about protection work
received by the Victorian Building Authority since mid-2018 relate
to the responsibilities of building owners (12 May 2020).
More...
Published - articles, papers, reports
ABCC: Industry update – 14 May 2020 edition
With billions of dollars of infrastructure projects
underway, the May edition of Industry Update steps you through the
Building Code and provides valuable advice to contractors
considering tendering for Commonwealth-funded building work. More...
Auditor-General of Queensland: Report 14: 2019-20
— Evaluating major infrastructure projects
More...
Cases
New South Wales
Ippolito v Cesco [2020] NSWSC
561
BUILDING AND CONSTRUCTION – Breach of statutory
warranties in the Home Building Act 1989 (NSW), s 18B –
Application s 48MA of the Home Building Act 1989 (NSW) to
proceedings brought before the Supreme Court – Whether the
Court will order specific performance of a building contract -
Whether damages for loss of rent were in the parties'
reasonable contemplation at the time the contract was entered into
– Distinction between difficulty of assessing damages and
failure to take reasonable steps to prove damages suffered.
Lawrence v Ciantar [2020] NSWCA
89
CONTRACTS – Construction – Interpretation
– Principles of construction of commercial contracts.
CONTRACTS – Breach of contract – Consequences of breach
– Right to termination – No specific performance.
STATUTORY INTERPRETATION – Home Building Act 1989 (NSW)
– Definition of "residential building work" –
Preliminary works. Home Building Act 1989 (NSW)
TFM Epping Land Pty Ltd v Decon Australia Pty
Ltd [2020] NSWCA
93
BUILDING AND CONSTRUCTION – claim for progress
payment – reference date – whether claim with respect
to an available reference date – inclusion of three days'
interest accruing after reference date – whether claim
invalid – Building and Construction Industry Security of
Payment Act 1999 (NSW), ss 13(7) and (8) BUILDING AND CONSTRUCTION
– claim for progress payment – service of claim –
supporting statement – requirements for valid supporting
statement – consequence of failure to serve valid statement
– whether payment claim invalid BUILDING AND CONSTRUCTION
– claim for progress payment – variations –
whether sums claimed under the contract or for quantum meruit
– whether the claim invalid if amounts not owing under the
contract – statutory scheme for adjudication of payment claim
disputes – Building and Construction Industry Security of
Payment Act 1999 (NSW), ss 14 and 15(4) STATUTORY INTERPRETATION
– penalty provision – implied civil consequences
– whether intention to invalidate step creating civil
obligation – breach of requirement to serve compliant
supporting statement – whether claim invalid – Building
and Construction Industry Security of Payment Act 1999 (NSW), ss
13(7) and (8)
Victoria
Pelligra Build Pty Ltd v Australian Crane & Machinery
Pty Ltd [2020] VCC
545
Claim under Building and Construction Industry Security of
Payment Act 2002
Claim for recovery of outstanding balance of payment claims
allegedly served pursuant to s14 of the Building and Construction
Industry Security of Payment Act 2002 – no payment schedule
or schedules provided in accordance with s15 of that Act –
whether invoices valid – payment claims when served by email
in violation of terms of contract – receipt of emails by
respondent proprietor admitted – claims duly served –
whether provisions as to progress payments in printed contract form
or those appearing in attached typed schedule established relevant
reference dates for the purposes of s9 of the Act – typed
schedule overrides reference in schedule to various stages or
milestones to be taken as reference to date of completion of those
stages – proprietor precluded by s16(4) of the Act from
relying on contentions that stages were incomplete –
proprietor entitled to rely on defence of payment based on
allocation of payments made to earliest liability – judgment
otherwise for the plaintiff with interest at the rate fixed under
s2 of the Penalty Interest Rates Act 1983.
Building and Construction Industry Security of Payment Act 2002;
Electronic Transactions (Victoria) Act 2000; Interpretation of
Legislation Act 1984; Penalty Interest Rates Act 1983.
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.
