Construction Law Insights

Publication

Australia: Introduction of the Cladding Safety Victoria Bill 2020 (Vic)

On 3 September 2020, the Cladding Safety Victoria Bill 2020 (Vic) (CSV Bill) was introduced into Victorian Parliament.

Publication

Australia: Building Industry Fairness legislation amendments: What's commenced?

On 23 July 2020, the Building Industry Fairness (Security of Payment) and other Legislation Amendment Bill 2020 (Qld) (with amendments) received royal assent.

Webinar

Australia: Risk proofing your business: Proportionate liability and construction contracts

Partner Ren Niemann and special counsel Jeffrey Goldberger take a practical look at the legislative impact when drafting construction contracts and provide an update on recent cases involving proportionate liability.

Publication

Australia: Final version of Building and Construction Industry Security of Payment Regulation 2020 released

The NSW Government has released the final version of the Building and Construction Industry Security of Payment Regulation 2020.

Publication

Australia: Building industry reforms passed in Queensland

On 23 July 2020, the Building Industry Fairness (Security of Payment) and other Legislation Amendment Bill 2020 (Qld) (with amendments) (the BIF Amendment Bill) received royal assent.

Publication

UK: Infrastructure and greening the built environment tops government agenda

In the wake of COVID-19 there has been a slowdown in the economy.

Publication

Australia: Funding and delivering infrastructure in a brave new world

It is trite to say that the recent impacts of COVID-19 have highlighted the need, beyond just stimulus packages, for Federal and State Governments to continue to support the fiscal needs of statutory bodies such as local governments and universities.

Publication

Australia: District Cooling: Lessons from the Gulf

Analysts estimate that the global market for the district cooling sector will hit $39.9 billion by 2026, growing from $21.9 billion in 2018, at a CAGR of 7.77 per cent.

Publication

Australia: The statutory duty of care in the construction industry commences: Design and Building Practitioners Act 2020

On 11 June 2020, the Design and Building Practitioners Act 2020 (NSW) (Act) received Royal Assent. The Act is part of the NSW Government’s response to the Building Confidence report authored by Professor Peter Shergold AC and Ms Bronwyn Weir.

Publication

Australia: New South Wales leads the way with the introduction of new powers against developers in the residential apartment sector

The NSW Parliament has swiftly passed the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (Act). The Act was assented to on 10 June 2020 and will commence on 1 September 2020. Significantly, the reforms in the Act will have retrospective effect, meaning they have potential application to existing residential apartment building work that has not been completed or has been completed within 10 years before the exercise of a function under the Act.

Publication

Australia: NSW Government proposes to reduce retention trust account threshold to $10 million

The NSW Government has recently released the consultation draft Building and Construction Industry Security of Payment Regulation 2020 (Proposed Regulation). Subject to the public consultation process, the Proposed Regulation will commence on 1 September 2020 (with a transitional period for some reforms).

Update

UK: Construction sites and COVID-19

COVID-19 is having far reaching impacts on the construction industry’s supply chains, cash flows and workforces.

Publication

UAE: Construction during COVID-19: Impact of Government measures

Governments around the world have introduced measures to protect their citizens and their economies in the face of the COVID-19 pandemic.

Publication

The impact of COVID-19 on Belt and Road Initiative infrastructure and construction projects

Infrastructure and construction projects, some of which are part of the People’s Republic of China (PRC)’s Belt and Road Initiative (BRI) have, as one would expect, been largely halted by the COVID-19 pandemic. Disruptions to supply chains around the world, lockdowns and travel restrictions on foreign workers, especially Chinese workers who are commonly employed on BRI projects, are some of the main reasons for the project suspensions and slowdowns.

Publication

Australia: Hospital and Health Services - Are you ready for Project Trusts?

Since project bank accounts (PBA) were introduced on a ‘trial basis’ in 2018 under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act), they have largely applied to Queensland Government building projects between $1 million and $10 million. However, it is the Queensland Government’s intention that the roll out of PBAs will apply to other organisations (both public and private sector) and a broader ambit of building contracts pursuant to the Building Industry Fairness (Security of Payment) and Other Legislation Amendment Bill 2020 (Qld) (BIF Amendment Bill).

Publication

Middle East: Top five tips for participants in the construction industry

The global construction industry has been hugely impacted as a result of the COVID-19 pandemic (COVID-19).

Publication

Australia: Procurement in the infrastructure sector: Protecting against insolvency risk in uncertain times

The economic impact of COVID-19 on the infrastructure sector is vast and, whilst helpful, the Australian Government’s recently introduced temporary relief for financially distressed businesses will not be enough to ensure the ongoing viability of many businesses.

Publication

Australia: FIDIC’s COVID-19 Guidance Memorandum to users of its standard construction contracts

The International Federation of Consulting Engineers (FIDIC) recently published guidance for its contract users which is aimed at helping them manage some of the situations that are arising across the world as a consequence of the current pandemic.

Publication

UK: COVID-19 guidance note from Infrastructure and Projects Authority on PFI and PF2 projects

In this article, we consider the measures that PFI contractors are being asked to adopt, give our view on the practical steps PFI contractors (and their private sector counterparties) should take in response and consider the legal effect of the IPA Guidance Note and any steps taken by the parties as a consequence of it.

Publication

UK: Government’s Procurement Policy Note 02/20: COVID-19 supplier relief

The pace of change has never felt as fast. We have considered some of the legal implications, outlined key considerations for UK boards, looked at force majeure and frustration under English law and some of the key issues for the construction sector and issues concerning construction sites.

Publication

The impending Building and Development Certifiers Act 2018: Shaking up building and development certification in NSW

In an attempt to regain public confidence in the construction industry, the New South Wales Government continues to take steps to overhaul building and construction law. One of the more recent legislative reforms, the Building and Development Certifiers Act 2018 (NSW) (the Act), is set to shake things up. Amongst other things, the Act will operate to strengthen the regulation of certifiers and repeals the Building Professionals Act 2005 (NSW).

Publication

New FIDIC contracts launched in 2019 (and more on the horizon)

The engineering and construction contracts published by FIDIC, the International Federation of Consulting Engineers, continue to serve as the preeminent standard form agreements used on international projects.

Publication

Victorian Government to crack down on phoenix activity in the building industry

The Victorian Government proposes to expand the financial probity requirements for being a “fit and proper person” to be registered as a building practitioner. The proposed reforms respond to concerns that some building companies are deliberately going into external administration to avoid liability for defective building work. The Government says that “illegal phoenix activity”—when a new company is created to continue the business of a company that has been deliberately liquidated to avoid its liabilities - will not be tolerated.

Publication

Cyber risk and project contracts

Cyber risk in projects has been rising up on the boardroom agenda.

Publication

International arbitration report

Welcome to issue 13 of Norton Rose Fulbright’s International Arbitration Report.

Publication

FIDIC 2017...The end of the rainbow?