News + Articles

Infrastructure Australia Priority List: What is it? And what’s on it for 2021?

March 2nd, 2021|Categories: Construction Law, News|

Each year, Infrastructure Australia updates and publishes the Infrastructure Australia Priority List. The Infrastructure Australia Priority List identifies priorities for the current federal government. But why do they exist, what do they do, and how can you join this exclusive club? The Problem Throughout the latter part of the 20th century and the earliest parts

Case Analysis – Principal’s Representative/ Superintendent’s Role as Certifier

February 25th, 2021|Categories: Construction Contracts, Construction Law|

In Vestas v Lal Lal, the Supreme Court of Victoria provided guidance concerning communications between a Principal and the Principal’s Representative when acting as certifier regarding an application for preliminary discovery and interlocutory injunction. This case re-enforces the importance of the Principal’s Representative/Superintendent acting independently and avoiding private communications with the Principal when acting as

Victorian Building Laws Continue to Tighten on High-risk Cladding

February 25th, 2021|Categories: Construction Law|

The tightening of legislation around cladding continues with the Victorian Government issuing the Prohibition of High-Risk Cladding Products Declaration (the Declaration). The Declaration was made under s192B of the Building Act 1993 (Vic) (the Act) where it gives the Minister power to ban certain cladding products that are likely to cause a risk of serious

Building & Construction Industry (Security of Payment) Bill (WA)

February 25th, 2021|Categories: Construction Contracts, Construction Law, Security of Payment|Tags: , , , , |

On 23 September 2020, the Attorney General, Minister Quigley introduced the Building and Construction Industry (Security of Payment) Bill 2002 (WA) (the Bill) into Parliament. If the Bill is adopted, it will replace the Construction Contracts Act 2004 (WA) (the CCA) and provide a new Act for securing payment under construction contracts in the building

Case Analysis – Contentious Adjudication Applications under the spotlight in Acciona v Holcim

November 9th, 2020|Categories: Construction Contracts, Construction Disputes, Construction Law, Security of Payment|

The Supreme Court of NSW recently made orders quashing a $2.9m adjudication determination issued under the SOP Act in Acciona v Holcim relating to the Sydney Light Rail Project. The decision reiterates the importance of procedural fairness in Adjudication Applications under the SOP Act, and is a reminder for parties to ensure that the applications,

The Other Big ‘C’ – Tips to Progress Cladding Projects During Covid-19 Disruption

November 6th, 2020|Categories: Commercial & Corporate Advisory, Construction Contracts, Construction Law, Coronavirus COVID-19|

As Covid-19 continues to disrupt the building and construction industry, it is important to remember the other big 'C' - Cladding. Failing to crack on with cladding projects may come back to haunt parties impacted by cladding in the future. Here we have three tips to help progress cladding projects and decrease the risk of

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